74. 24.02.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 236 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with Jiaganj Police Station Case No. 171/2023 dated 08.07.2023 under Sections 448/450/302/201/506/34 of the Indian Penal Code, 1860. And In the matter of: - ALOKE SINGHA @ RAHUL SINGHA …petitioner. Mr. Debanshu Ghorai Mr. Anisur Rahman …for the petitioner. Mr. Subhamoy Bhattacharya Mr. Atulya Sinha …for the State. Dictated by Arijit Banerjee, J. 1. The petitioner claims parity citing an order dated January 8, 2025, passed by this Bench in CRM (DB) 3201 of 2024, whereby a co-accused person by the name of Mantu Mondal, was enlarged on bail. The petitioner says that he stands on the same footing as Mantu Mondal insofar as the period of detention and delay in trial are concerned. 2. Leaned Advocate for the State, while opposing the prayer for bail, says that at least two eyewitnesses have specifically named this petitioner and, therefore, he does not stand on the same footing as Mantu Mondal. However, insofar as the delay and period of detention are concerned, learned State Advocate, in his usual fairness, does not dispute that this petitioner and the said Mantu Mondal are similarly circumstanced. 3. We see that only one out of 40 charge-sheet named witnesses has been examined. The petitioner is in custody for one year and 2 seven months. There is practically no possibility of an early conclusion of the trial. 4. Hence, without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to grant bail to the petitioner. 5. Accordingly, we direct that the petitioner, namely, ALOKE SINGHA @ RAHUL SINGHA, 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 the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall remain within the jurisdiction of Lalbagh Police Station, Murshidabad (place of trial) and shall furnish his present address to the Inspector-in-Charge/Officer-in-Charge of the said Police Station as well as to the learned Trial Court and shall also meet the Inspector-in-Charge/Officer-in-Charge of the said Police Station once in a week, until further orders. 6. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 3 7. The application for bail being CRM (DB) 236 of 2025 is accordingly disposed of. 8. Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)