23.09.2026 Serial no. 884 [G.S.Das] Assistant Registrar (Court) CRM (M) 1985 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Dholahat PS Cse No. 304 and 2021 dated 13.08.2021 u/s 302/201/120B/34 of the IPC. -And- In the matter of : Manowar Paik@ Munna @ Manowar Hossain Paik … Petitioner(s) Mr. Soubhik Mitter Ms. Rajanandini Das Mr. Karan Bapuli … for the Petitioner(s) Mr. Krishnendu Bhattacharya, APP Ms. Priti Kar Bagchi … for the State-respondent(s) Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha Ms. Upasana Banerjee Mr. B. Roy … for the defacto-complainant Learned advocate for the petitioner submits that the petitioner is in custody for more than five years one month and till date three witnesses have been examined and the evidence of the P.W.4 is in progress. There is no possibility of the trial being concluded very soon. Therefore, learned advocate, prays that the petitioner may be released on bail. Learned advocate for the defacto-complainant opposes the prayer for bail and submits that the petitioner in a designed manner has eliminated his stepmother and her son. The offence is a serious offence and the body was 2 recovered from a separate place and other persons were engaged in the offence. The petitioner’s release would not only jeopardize the life of the informant but also the trial of the case would never be completed. State has referred to two postmortem reports as well as the statement of the witnesses. So far as the merits of the case are concerned, there is no doubt about the facts which have been collected by the investigating agency. Earlier, repeated timeframe was granted by this court for progress of the case. The petitioner was arrested on 21.08.21. Charge-sheet was submitted on or about 15.11.2021. The petitioner is in custody for more than five years. But, till date, the evidence of only three witnesses has been complete. Respective parties tried to highlight before this court relating to the time being consumed by the adversaries. Having considered that five years is not an explanation for three witnesses to be examined, without entering into the merits of the case, I am of opinion that further custodial detention of the present petitioner is unwarranted. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Manowar Paik@ Munna @ Manowar Hossain Paik shall be released on bail 3 upon furnishing 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 the learned ACJM, Kakdwip. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned trial court and shall not leave the district of South 24 Parganas without prior permission of the learned ACJM, Kakdwip. Additionally, the petitioner shall not enter the jurisdiction of Dholahat PS Station until and unless the same is modified by the learned trial court. Accordingly, CRM (M) 1985 of 2026 is allowed. Pending application(s), if any, is also disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 4