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2025 DAILYLAW 7933 (CAL)

ATIUR SK @ MUJUBAR RAHMAN v. STATE OF WEST BENGAL

CRM (DB)/428/2025 · 2025-03-18

Apurba Sinha Ray, Arijit Banerjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.03.2025 Item no.11. Court No.29. S. De (Allowed) CRM (DB) No. 428 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 STF Police Station Case No. 11 of 2022 dated 19.04.2022 under Section 489B/489C/120(b) of the Indian Penal Code. And In the matter of : Atiur Sk @ Mujubar Rahman. …Petitioner. Ms. Puja Goswami, Ms. Benajir Hasua, Mr. Aliul Islam, Mr. Sadid Haider, ……for the Petitioner. Mr. P.K. Dutta, Ld. APP, Mr. Aninda Sundor Chatterjee, ……for the State. Dictated by Arijit Banerjee, J. 1. The petitioner renews his prayer for bail which was rejected earlier on June 14, 2024 in CRM (DB) 1719 of 2024, by directing the Trial Court to conclude the trial within six months from the next date fixed for recording of evidence without granting unnecessary adjournments to either of the parties. The petitioner was granted liberty to renew his prayer for bail, if the trial was not concluded within the time period indicated in the aforesaid order. The petitioner says that after the said order dated June 14, 2024, was passed, only 1 witness has been examined by the prosecution, that too, in part. Therefore, he renews his prayer for bail. 2. Learned State counsel says that the prosecution will examine 3 more witnesses after examination and cross-examination of the complainant is completed. 3. We, therefore, see that there is very little possibility of an early conclusion of the trial. The petitioner has been in custody for close to 3 years. 2 4. Solely on the ground of prolonged detention and delay in progress of trial, we are inclined to allow the petitioner’s prayer for bail but on stringent conditions. 5. Accordingly, we direct that the petitioner, namely, Atiur sk @ Mujubar Rahman 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 District and Sessions Judge, 2nd First Track Court, Calcutta, subject to the condition that the petitioner shall remain within the jurisdiction of the Hare Street Police Station and shall meet the Inspector-in-Charge of the Hare Street Police Station twice in a week, until further orders. 6. 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. 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.)