D/L 220 22.07.2026 Bpg. C.R.M. (M) 1366 of 2026 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with S.T. Case No.1(10) of 2023 arising out of S.C. No.368 of 2023 under Sections 302/201/120B/34 of the Indian Penal Code and charge-sheet submitted under Section 302/201/120B/34 of the Indian Penal Code arising out of Ashoknagar Police Station Case No.198 of 2023 dated 25.03.2023 under Section 363/365/120B of the Indian Penal Code; Habibul Gazi @ Habib Mondal Versus The State of West Bengal Mr. Ashok Kumar Chowdhury. ...for the petitioner. Mr. Ramashis Mukherjee Mr. Utsav Dutta. ...for the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 3 years 4 months. Out of 29 witnesses cited by the prosecution, only 2 witnesses have been examined. There are no eyewitnesses to the incident and the victim and the principal accused were staying separately for 15 years. Learned advocate for the State opposes the prayer for bail. I have taken into account the grounds of delay. However, delay cannot be attributed to the accused persons as the reasons which have been given in the report was the regular P.O. was transferred and due to resolution of the local bar the case could not proceed. Having considered the period which has already expired 2 and only two witnesses having been examined till date and the prosecution intends to examine 27 more witnesses along with the factum that the case is based on circumstantial evidence, without entering into the merits of the case, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Habibul Gazi @ Habib Mondal shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned CJM, Barasat, 24 Parganas (North). If on bail, the petitioner shall be physically present on each and every date before the learned trial court and shall not leave the district of 24 Parganas (North) without prior permission of the learned special court. Thus, CRM(M)1366 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)