20.08.2026 Court No.35. D/L. 39. Kausik (Allowed) CRM (M) 1123 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Hogolberia Police Station Case No. 157/2022 dated 01.05.2022 under Section 341/325/302/34 of the Indian Penal code. And In the matter of : Shilpa Shah & Anr. ……Petitioners. Ms. Karabi Roy ……for the Petitioners. Mr. Gurudas Mitra Mr. Utsov Dutta ….for the State. Learned advocate appearing for the petitioners submits petitioners are in custody for 4 years and 3 months and till date, out of 35 witnesses cited in the charge sheet only 3 witnesses have been examined. Learned advocate for the defacto complainant opposes the prayer for bail and submits that the evidence which has surfaced by the 3 witnesses who have deposed, clearly implicate the present petitioners. Learned advocate for the State submits that the offending weapon was recovered pursuant to the leading statement of petitioner no. 2. 2 Facts of the case is that petitioner no. 1 handed over the knife and petitioner no. 2 stabbed the deceased. Another sharp cutting weapon (Hasua) was recovered at the behest of the petitioner no. 2. State submits that the delay cannot be solely attributed upon the State or its functionary. I have taken into account the overall circumstances, the genesis and foundation of the present case as also the fact that there are no previous antecedents of the petitioners. Prosecution has relied upon 35 witnesses. Till date only 3 witnesses have been examined. There is hardly any possibility of the trial being taken to its logical conclusion and the petitioners are in custody for 4 years 3 months. Taking into account the overall circumstances, I am inclined to release the petitioners on bail. Accordingly, Petitioners, namely, (1) Shilpa Shah, (2) Nowshad Shah @ Nashrath shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned ACJM, Tehatta, Nadia. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Nadia without the prior permission of the learned Trial Court. 3 Petitioner No. 2 will meet with the Officer-in-Charge of Hogolberia Police Station once in every fortnight after his release till the relevant/vulnerable witnesses are completed before the learned Trial court. Learned Trial Court would, considering the offence, expedite the process of trial and ensure that at least one witness in each month is completed. With the aforesaid observations CRM (M) 1123 of 2026 is allowed. Report and the Memo of Evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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 with all requisite formalities. (Tirthankar Ghosh, J.)