M/L3 07.09.2026 Bpg. Allowed C.R.M. (M) 1716 of 2026 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 & under Section 439 of Code of Criminal Procedure, 1973 filed in connection with Itahar Police Station Case No.223/ 2022 dated 08.04.2022 under Sections 498A/302/306/34 of the Indian Penal Code; Bidhan Roy Versus State of West Bengal Mr. Nirupam Dhali. ...for the petitioner. Ms. Rajashree Venket Kundalia Mr. Deepak Khetwat. …for the State. Petitioner was arrested on 08.04.2022 and is in custody since then. Out of 18 witnesses proposed by the prosecution till date 11 witnesses have been examined. Learned advocate appearing for the petitioner submits that as there is no possibility of the trial being concluded in near future, petitioner be released on bail. Learned advocate for the State opposes the prayer for bail and submits that warrant of arrest has been issued against CSW 12 and CSW 13 and process has been issued in respect of the other charge-sheeted witnesses. Petitioner is in custody for about 4 years 5 months. Earlier, a submission was made on behalf of the State that 2 witnesses are left to be examined, consequent to which, the prayer 2 for bail of the petitioner was rejected in CRM(M)2324 of 2025. The present report reflects that 11 witnesses have been examined. Having considered that further time will be required to take the trial to its logical conclusion, I am of the opinion that the petitioner be released on bail as he is in custody for 4 years 5 months. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Bidhan Roy 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, Uttar Dinajpur. 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 Uttar Dinajpur without prior permission of the learned trial court. Additionally, if the petitioner is physically not present in court and adopts the procedure for delaying the trial further, in that case, the learned trial court will not hesitate without any reference to this Court to cancel the bail of the petitioner. With the aforesaid observations, CRM(M)1716 of 2026 is allowed. Pursuant to the earlier direction, the investigating officer of the case is present in Court. His further appearance before this Court is dispensed with. Report 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. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)