56. 27.03.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 430 of 2025 In Re: - An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Panskura Police Station Case No. 495/2019 dated 08.10.2019 under Sections 302/120B of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act. And In the matter of: - MALAY GHOSH …petitioner. Mr. Ayan Bhattacharjee, Sr. Adv. Mr. Rohan Bavishi …for the petitioner. Ms. Baisali Basu Mr. Subhajit Chowdhury …for the State. Dictated by Arijit Banerjee, J. 1. The petitioner claims parity citing an order dated March 24, 2025, passed in CRM (DB) 401 of 2025, whereby this Bench enlarged on bail a co-accused person by the name of Mobarak Khan @ Mobarak Karim Khan, solely on the touchstone of Article 21 of the Constitution of India. The petitioner says that he stands on the same footing as the said Mobarak Khan. 2. Learned Counsel for the State, while opposing the prayer for bail, in his usual fairness, does not dispute that this petitioner is similarly circumstanced as the said Mobarak Khan insofar as delay in progress of trial and the period of detention are concerned. 3. Hence, on the ground of parity, we allow the petitioner’s prayer for bail. 2 4. Accordingly, we direct that the petitioner, namely, MALAY GHOSH, 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 Chief Judge, City Sessions Court, Calcutta, 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 territorial jurisdiction of Hare Street Police Station and shall report to the Inspector-in- Charge/Officer-in-Charge of Hare Street Police Station, once in a week, until further orders. 5. 5. The petitioner shall remain confined to the city of Kolkata after his release from the Correctional Home on bail and shall mark his attendance once in a week at the appropriate Police Station as stated above and on further condition that if it is found that the trial is being delayed at the instance of the petitioner due to either his non-cooperation or his Advocate indulging in unnecessary long cross-examination, the bail will be liable to be cancelled. 6. Apart from the aforesaid conditions, usual conditions shall be imposed which will ensure that the petitioner does not tamper with the prosecution evidence and prosecution witnesses. 3 7. The State will have to co-operate with the Trial Court by ensuring the presence of all official witnesses. 8. We direct the State to render all possible co-operation to the Special Public Prosecutor by ensuring that all official witnesses remain present before the Court. We also direct the State to ensure that if any witness needs the protection, he/she shall be provided with adequate protection. 9. In the event the petitioner commits any breach of the terms and conditions, it will be always open for the respondents to apply to this Court for cancellation of bail. 10. 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. 11. The application for bail being CRM (DB) 430 of 2025 is accordingly disposed of. 12. 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.)