03.03.2025 Item No.16 Monthly List Court No.26 Allowed CHC CRM (DB) 4374 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Bankura Police Station Case No. 310 of 2023 dated 05.09.2023 under Sections 326/307/120B of the Indian Penal Code and under Sections 25(1)(a)/27 of the Arms Act. -And- In the matter of : Pratap Das @ Pao … … Petitioner Mr. Ayan Basu, Advocate Sk. Salim, Advocate Mr. Sumit Routh, Advocate … … For the Petitioner Mr. Rudradipta Nandy, Ld. A.P.P. Mr. Ranadeb Sengupta, Advocate Mrs. Debjani Sahu, Advocate … …For the State 1. Petitioner prays for bail on the ground of parity with the coaccused who was enlarged on bail by the coordinate Bench on February 24, 2025 passed on CRM(DB) 66 of 2025. 2. Learned Additional Public Prosecutor appearing for the State submits that, the petitioner cannot be placed on same footing as that of such coaccused. He submits that, there are 11 criminal antecedents so far as the petitioner is concerned. At least for of them involved in Arms Act. Petitioner is a contract killer. The vehicle used in the crime as also the offending weapon was also recovered from the possession of the petitioner. Eyewitness testimony implicates the petitioner in the incident of murder. 2 3. We perused the order of the coordinate Bench dated February 24, 2025 passed in CRM(DB) 66 of 2025. 4. Relevant portion of the order of the coordinate Bench is as follows:- “5. Hence, without touching the merits of the case and solely on the ground of delay in progress of the trial and considering the period of detention of the petitioner, we feel impelled to allow his prayer for bail.” 5. Therefore, in our view, the relevant consideration of the coordinate Bench was delay in progress of the trial and period of detention, without the merits being considered, so far as the coaccused is concerned. 6. Coaccused was seen to be shooting the victim. 7. Petitioner is in custody for a period in excess of coaccused who was enlarged on bail by the coordinate Bench. 8. There is hardly any progress of the trial since the order of the coordinate Bench dated February 24, 2025. 9. In such circumstances, we grant bail to the petitioner. 10. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Bankura, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate 3 witnesses and/or tamper with evidence in any manner whatsoever. 11. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. 12. The prayer for bail of the petitioner is allowed. 13. CRM(DB) 4374 of 2024 is disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)