28.09.2026 Court No.35. D/L.22. Rakib (Allowed) CRM (M) 1900 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Duttapukur Police Station case no. 734 of 2022 dated 30.07.2022 under Sections 302 of the Indian Penal Code, 1860. And In the matter of : Azibar Rahaman ……Petitioner. Mr. Sagar Saha Mr. Manjeet Saha Mr. Subhrojyoti Das Mr. Manojit Debnath .....for the Petitioner. Mr. Subhash Pachhal Mr. Arijit Banik ……for the State. Learned advocate appearing for the petitioner submits that the case is based on circumstantial evidence and the petitioner is in custody for more than four years and till date only 12 witnesses out of 27 witnesses cited by the prosecution has been examined. Learned advocate appearing for the State opposes the prayer for bail and submits that there are overwhelming materials so far as the present petitioner is concerned. Be that as it may, considering the period of detention of the present petitioner and the memo of evidence submitted by the State do not reflect that there are any other criminal antecedents of the present petitioner. Having regard to the period of incarceration of the petitioner and without entering into the merits of the case, I am inclined to 2 release the petitioner on bail. As such prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Azibar Rahaman shall be released on bail 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 Chief Judicial Magistrate, Barasat, North 24 Parganas. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of North 24 Parganas without prior permission of the learned Trial Court. Additionally, petitioner shall meet with the Officer-in-Charge of Duttapukur Police Station once in every 10 days and submit his acknowledgement to the learned trial Court for the next one year. It would be the discretion of the learned trial Court either to extend such condition or waive such condition. Thus, CRM (M) No. 1900 of 2026 is allowed. 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.)