12.03.2025 Item no.14. Court No.29. S. De (Allowed) CRM (DB) No. 557 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 Narkeldanga Police Station Case No. 101 of 2024 dated 02.05.2024 under Sections 302/34 of the Indian Penal Code. And In the matter of : Md. Tohid @ Pappu. …Petitioner. Mr. Angshuman Chakraborty, Mr. Shashanka Sekhar Saha, ……for the Petitioner. Mr. Debasish Roy, Ld. P.P., Mr. Arijit Gangully, Mrs. Sreemoyi Roy, ……for the State. Mr. Ritzu Ghoshal, Sr. Adv. Mr. Ajitesh Pandey, …for the de facto complainant. (through video conference) Dictated by Arijit Banerjee, J. 1. The petitioner claims parity citing an order dated February 21, 2025, passed in CRM (DB) 4379 of 2024, whereby three co- accused persons by the names of Md. Altaf, Md. Amir @ Amin and Md. Shamir were granted bail. The petitioner says that he is similarly circumstanced. 2. Opposing the bail prayer, learned State counsel draws our attention to the statement of a witness recorded under Section 161 Cr.P.C. (Section 180 of B.N.S.S.). He says that there are other eye-witnesses to the incident. 3. Learned senior counsel appearing for the de facto complainant vehemently opposes the prayer for bail. 4. From the material-on-record, we do not find that any witness has assigned any specific overt role to this petitioner. The 2 names of three persons, already granted bail, also transpired in the statements of witnesses recorded so far. The petitioner is in custody for about 10 months. 5. On an overall assessment of the material-on-record and considering that chargesheet has already been filed upon completion of investigation and considering the possible extent of complicity of the petitioner in the alleged crime, we are inclined to grant bail to the petitioner. 6. Accordingly, we direct that the petitioner, namely, Md. Tohid @ Pappu 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 Chief Judicial Magistrate, Sealdah subject to the conditions that the petitioner shall not leave the jurisdiction of the Narkeldanga police station except for attending the court proceedings and shall meet the Inspector-in-Charge of the Narkeldanga police station once in a fortnight, until further orders. 7. 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. 8. 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. 9. The application for bail is, accordingly, allowed. 3 10. 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.)