18.03.2025 Item no.10. Court No.29. S. De (Allowed) CRM (DB) No. 404 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chitpur Police Station Case No. 77 of 2021 dated 08.07.2021 under Section 302 of the Indian Penal Code. And In the matter of : Sanjay Das @ Bhagbat Das. …Petitioner. Mr. Sourav Mondal, Mr. Rony Mondal, Mr. Arijit Bhuiya, Mr. A. Dutta, ……for the Petitioner. Mr. Bitasok Banerjee, Ms. Kanchan Roy, ……for the State. Dictated by Arijit Banerjee, J. 1. The petitioner complains that he is in custody for about 3 years and 6 months. Only 14 out of 31 chargesheet named witnesses have been examined. There is no possibility of an early conclusion of the trial. His bona fides would be evident from the fact that after the alleged incident, he visited the police station and recorded his confessional statement. The incident happened in the heat of the moment when he found his wife in a compromising position with another man. There was no pre- meditated plan to kill his wife. He prays for bail. 2. Learned State advocate says that 18 out of 31 chargesheet named witnesses have been examined. There is ample incriminating evidence against the petitioner. The trial would conclude on an early date. 2 3. We find that the petitioner is in custody for a considerable period of time. Further, he is not responsible for the prolongation of the trial. We have also considered his post incident conduct. 4. Without touching the merits of the case and solely on the ground of period of detention of the petitioner coupled with there being little likelihood of an early conclusion of the trial, we are inclined to grant bail to the petitioner but on stringent conditions. 5. Accordingly, we direct that the petitioner, namely, Sanjay Das @ Bhagbat Das 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 Additional Sessions Judge, First Track Court-II, Sealdah, South 24 Parganas subject to the condition that the petitioner shall not enter the jurisdiction of Chitpur police station except for the purpose of attending Court proceedings and shall also furnish the current address where he will be residing to the Inspector-in- Charge in whose jurisdiction he will be residing and the learned Trial Court as well and shall also appear before such Inspector- in-Charge once in a week, until further orders. 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 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. 3 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.)