18.03.2025 Item no. 27. Court No.29. AB (Allowed) CRM (DB) 199 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 Ekbalpur Police Station Case No.407 of 2020 Dated 19.11.2020 under Sections 302/201/34 of the Indian Penal Code And In the matter of : Md. Sajid @ Rohet @ Rohit ……Petitioner. Mr. Manojit Debnath ……for the Petitioner. Mr. Ranabir Roychoudhury Ms. Chandreyi Dutta ……for the State. Dictated by Arijit Banerjee, J. 1. The petitioner says that he is in custody for four years five months. Only 7 out of 48 charge sheet named witnesses have been examined. There is no possibility of an early conclusion of the trial. The entire case is based on circumstantial evidence. He prays for bail on merits as also on the touchstone of Article 21 of the Constitution of India. 2. Learned State Counsel, while opposing the bail prayer, tells us that this petitioner had absconded from hospital attached to the Correctional Home during the Covid time. He could be arrested after 14 days from the Indo- Bangladesh border. The prosecution has pruned down the number of witnesses to be examined and intends to examine only 25 witnesses. P.W.8 is scheduled to be 2 examined on April 6, 2025. All efforts will be made to conclude the trial on an early date. 3. We have considered the facts and circumstances of the case. Four years and five months is a very long period of time to keep an accused in incarceration. The prosecution proposes to examine 18 more witnesses. We do not see the possibility of an early conclusion of the trial. 4. Without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to allow the petitioner’s prayer for bail, but on stringent conditions. 5. Accordingly, we direct that the petitioner, namely MD. SAJID @ ROHET @ ROHIT 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 Chief Judicial Magistrate, Alipore, South 24 Parganas, and on further conditions that he shall not enter the jurisdiction of Ekbalpore Police Station except for attending the court proceedings and shall provide the address where he shall presently reside to the Officer in Charge of the Ekbalpore Police Station as well as the Investigating Officer of the case and shall meet the Officer in Charge of the concerned police station within whose jurisdiction he shall presently reside twice in a week until further orders. 3 6. 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. 7. 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. 8. The application for bail is, accordingly, allowed. 9. 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.)