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2025 DAILYLAW 50017 (CAL)

ABUTALHA v. THE STATE OF WEST BENGAL

CRM (DB)/99/2025 · 2025-03-04

Arijit Banerjee, Prasenjit Biswas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29. 04-03-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 99 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Special Task Force Police Station Case No.18 of 2021 dated 15-12- 2021 under Sections 120B/489B/489C of the Indian Penal Code. - A n d – In the matter of : Abutalha .... Petitioner. Mr. Syed Shahid Imam, Mr. Mohammad Khairul … For the Petitioner. Mr. Sandip Chakraborty, Mr. Asraf Mondal … For the State. Dictated by Arijit Banerjee, J. 1. Further status report filed by the State today in Court be taken on record. We find from the report that on eleven occasions, prosecution took time. The defence took time only on one occasion. Two witnesses have been examined by the prosecution. The prosecution intends to examine five more witnesses. 2. The petitioner is in custody for about 3 years 2 months. During this period, prosecution could manage to examine only two witnesses. Therefore, an early conclusion of the trial is a far cry. 3. Without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution coupled 2 with very little possibility of early conclusion of the trial, we feel constrained to enlarge the petitioner on bail. 4. Accordingly, we direct that the petitioner, namely, Abutalha, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Metropolitan Magistrate, Calcutta. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever. The petitioner shall remain within the territorial limits of Kolkata Municipal Corporation and shall appear before the Officer-in-Charge/Inspector-in-Charge of S.T.F. Police Station once in a week, until further orders. The petitioner shall, through his learned advocate, inform the learned trial Court, S.T.F Police Station and the jurisdictional police station where he shall be residing while on bail, his current local address. 5. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 6. The application for bail is, thus, allowed. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Prasenjit Biswas, J.) (Arijit Banerjee, J.)