08.04.2025 Item no. 20. Court No.4. AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (M) 21 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rajganj Police Station Case No.289 of 2024 Dated 11.08.2024 under Section 115(2)/74/103(1)/3(5) of B.N.S. 2023 And In the matter of : Abdul Gani ……Petitioner. Mr. Sourav Ganguly, Mr. Gopal Roy, Ms. Purbasha Sarkar, Mr. Karan Paswan ……for the Petitioner. Mr. Saikat Chatterjee, Mr. Chattu Roy ……for the State. Mr. Anirban Banerjee Mr. Subhasish Ghosh …..for the Defacto complainant. 1. Learned Advocate for the petitioner, learned Advocate for the Opposite Party/State of West Bengal and learned Advocate for the defacto complainant are present. 2. Heard learned Advocates for the parties. 3. Perused the materials in the case diary. 4. Learned Advocate for the petitioner submits that his client is in custody for more than six months and the principal accused is absconding and there is no chance for the trial to start as the warrant of arrest is still pending. 2 5. Learned Advocate further draws my attention to the evidences and submits that the allegations under Section 302 are not maintainable even if it is admitted that the petitioner has committed offence because there is mention of feast and blows and there is no preplanned murder. 6. Learned Advocate for the Opposite Party/State of West Bengal objects the grant of bail and draws my attention to the materials in the case diary. 7. Upon perusal of the materials in the case diary and upon hearing the parties, although it appears that the petitioner is involved in the alleged offence, but in order to decide as to whether the accused petitioner should be granted bail, it is necessary to consider judicial pronouncements where it is laid down that the factors to be taken into consideration while granting bail is the nature and severity of the offence, the evidence as appearing, the chance of abscondance, if released on bail, and repetition of the offence and tampering of witnesses. 8. 8. Upon considering the nature of offence, although it is a serious offence, but considering the period of detention and the fact that there is no chance for the trial to start within a short period and that there is no chance to abscond or tamper with evidence, in the interest of justice, the petitioner should be granted bail. 3 9. Thus, the prayer for bail made by the petitioner is allowed. 10. Accordingly, the petitioner, namely ABDUL GANI shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of Rs.5,000/-each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri, and on further conditions that the petitioner upon being released on bail shall report to the Officer-in-Charge of the concerned police station once in a week until further orders and shall not enter into the locality where the victim used to reside and shall not meet the persons acquainted with the facts of the case until further orders. 11. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. 12. 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. 4 13. With regard to splitting up of trial, the parties may make necessary prayer before the learned Trial Court, which may be considered in accordance with law. 14. The application for bail is, accordingly, allowed. 15. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Biswaroop Chowdhury, J.)