23. 04-03-2025 (ct. no.29) pg/RUP (allowed) CRM (DB) 27 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 Manikchak Police Station Case No.145 of 2019 dated 01-06-2019 under Sections 394/397/364/412/307/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act. - A n d – In the matter of : Anarul Sk. & Anr. .... Petitioners Mr. Md. Sabir Ahmed Mr. Md. Yousuf Ali … For the Petitioners Mr. Ranadeb Sengupta Mr. Atanu Ghosh … For the State Dictated by Arijit Banerjee, J. 1. Status report filed by the State be kept with the records. 2. From the report, we find that the Arms Expert Report is still not available. Efforts are being made to obtain that report so that the sanction of the competent authority under the Arms Act may be obtained. 3. The report does not mention anything as to whether or not the trial Court is lying vacant. However, it is the specific case of the petitioners that the trial Court is lying vacant. 4. The petitioners are in custody for five years and eight months. There is complete uncertainty as to when the 2 trial will conclude since at this stage it has been detected that the Arms Expert Report and sanction of the competent authority are not there. 5. In fact, it now appears that the argument would have to be heard de novo since the Presiding Officer who heard the argument has been transferred. 6. In view of the aforesaid, considering the lengthy detention of the petitioners, we feel constrained to grant bail to the petitioners. 7. Accordingly, we direct that the petitioners, namely, Anarul Sk. and Sabdul Sk., shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 5th Court, Malda (In-Charge). The petitioners 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 shall not also commit any cognizable offence in any manner whatsoever. The petitioners shall remain within the jurisdiction of Manikchak Police Station and shall appear before the Officer-in- Charge/Inspector-in-Charge of the said police station once in a fortnight, until further orders. 8. 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. 9. The application for bail is, thus, allowed. 3 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 10. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Prasenjit Biswas, J.)