14 17-01-2025 (ct. no. 29) KOLE Allowed CRM (DB) 4371 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Murshidabad Police Station Case No. 67 of 2023 dated 25.01.2023 under Sections 302/120B/34 of the Indian Penal Code and Sections 25(i)(a)/27 of the Arms Act. - A n d - In the matter of : Firoj Saikh @ Firoj Sk .... Petitioner. Mr. Somnath Adhikary … For the Petitioner. Mr. Bitashok Banerjee, Ms. C. Dutta … For the State. Mr. Habibur Rahaman, Mr. A. Singh, Ms. S. Khatun, …. For the defacto complainant. Order dictated by Arijit Banerjee, J.: 1. The petitioner renews his prayer for bail which was rejected twice earlier. He claims parity citing an order dated December 3, 2024 passed by us in CRM (DB) 2171 of 2024, whereby a co-accused person was enlarged on bail solely on the touchstone of Article 21 of the Constitution of India since he had been in custody for one year eleven months. There was no progress in the trial. He says that he stands on the same footing in so far as the period of detention is concerned. Only 8 out of 43 charge sheet named witnesses have been examined. 2. Learned Advocates for the State and the defacto complainant while opposing the prayer for bail, in their usual fairness, do not dispute that the petitioner is similarly circumstanced as the co-accused person who was enlarged on bail, in so far as the period of detention is concerned. 2 3. Hence, on the ground of parity, without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we are inclined to enlarge the petitioner on bail. 4. Accordingly, we direct that the petitioner, namely, Firoj Saikh @ Firoj Sk, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad subject to condition that he shall appear before the trial court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall remain with the jurisdiction of the concerned Police Station and shall meet the Officer-in-Charge of the concerned police station once in a fortnight until further orders. 5. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this court. 6. The application for bail is, accordingly, allowed. 7. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )