09. 04-03-2025 CRM (DB) 347 of 2025 (ct. no.29) S. De (Allowed) In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Sessions Trial No.5(10) of 2023, arising out of Branch Case No. RC 0562021-S-0013 dated 26.08.2021 of CBI Special Crime Branch, Kolkata, under Sections 143/147/148/149/302/323/447/201 of the Indian Penal Code & Section 27 of the Arms Act. And In the matter of : Ajay Bar & Ors. ……Petitioners. Md. Asraf Ali, Mr. Sankar Banerjee, ……for the Petitioners. Mr. Amajit De, Special P.P., CBI, ……for the CBI. Dictated by Arijit Banerjee, J. 1. The petitioners renew their prayer for bail which was rejected earlier on October 16, 2023, in CRM (DB) 3522 of 2023. A co-ordinate Bench had called for a report from the Central Bureau of Investigation (CBI). In the report it was stated that examination of the prosecution witnesses should conclude by December 2024. Noting the same and finding that there was sufficient incriminating material against the petitioners, the co-ordinate Bench dismissed the bail application. 2. The petitioners now say that they are in custody for two and half years. Not even one prosecution witness out of 30 chargesheet named witnesses, has been examined. This is contrary to their assurance that witness examination would conclude by the end of 2024. On the ground of delay in progress of trial, they renew their prayer for bail. 2 3. Learned advocate for CBI files a status report. Let the same be kept with the records. He vehemently opposes the prayer for bail and points out that there are statements of witnesses recorded under Section 164 Cr.P.C. (Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023) incriminating the petitioners. 4. From the report we find that the first prosecution witness has been examined in chief. The prosecution intends to examine 25 more witnesses. 5. Therefore, we see that there is almost zero possibility of an early conclusion of the trial. The petitioners have already been in custody for an appreciable period of time. 6. Without touching the merits of the case and solely on the ground of delay in progress of trial and prolonged incarceration of the petitioners, we feel constrained to grant bail to the petitioners. 7. Accordingly, we direct that the petitioners, namely, Ajay Bar, Pintu Bar, Anup Mondal, Rajesh Sardar, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Diamond Harbour, 24-Parganas (South) subject to the condition that they shall remain outside the territorial jurisdiction of Usthi Police Station except for the purpose of attending Court proceedings and shall furnish the address where they will be residing to the Officer-in-Charge in whose 3 jurisdiction they will be residing and shall also appear before such Officer-in-Charge once a week until further orders. 8. In the event the petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners’ bail in accordance with law without further reference to this court. 9. The application for bail is, accordingly, allowed. 10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Arijit Banerjee, J.)