12.03.2025 Item no. 12. Court No.29. AB (Allowed) CRM (DB) 593 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nadial Police Station Case No.37 of 2017 Dated 19.03.2017 under Section 364/302/201/120B of the Indian Penal Code And In the matter of : Jiyarul Mallick & Anr. ……Petitioners. Mr. Santanu Talukdar, Mr. Atanu Ghosh ……for the Petitioners. Mrs. Amita Gour, Ms. Kanchan Roy ……for the State. Dictated by Arijit Banerjee, J. 1. The petitioners seek parity citing an order dated January 17, 2025, passed by a Coordinate Bench in CRM (DB) 2702 of 2024, whereby a co-accused person by the name of Manjurul Islam Molla @ Manjur was enlarged on bail primarily on the ground of delay in trial and long detention of that person in judicial custody. Manjurul was in custody for seven years and ten months. 2. The petitioners say that they are in custody for about eight years. Trial is yet to conclude. 3. Learned State Counsel, while opposing the bail prayer, in her usual fairness, does not dispute that these petitioners are similarly circumstanced as Manjurul 2 Islam Molla @ Manjur insofar as the delay in trial and period of detention are concerned. 4. Hence, on the ground of parity, we allow this application. 5. Accordingly, we direct that the petitioners, namely JIYARUL MALLICK & SAFIUDDIN MOLLA 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 Chief Judicial Magistrate, Alipore, and on further conditions that they shall not leave the jurisdiction of the learned Trial Court without prior permission and shall not enter within the jurisdiction of Nadial Police Station and shall provide their current address where they will reside to the jurisdictional police station and shall meet the Officer in charge of the concerned jurisdictional police station once in a fortnight until further orders. 6. The petitioners 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 and/or commit any cognizable offence in any manner whatsoever. 7. 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 3 petitioners’ 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. (Om Narayan Rai, J.) (Arijit Banerjee, J.)