Pradip Singha @ Sitan Singha @ Prodip … vs Unknown on 7 March, 2025

Calcutta High Court (Appellete Side)

Pradip Singha @ Sitan Singha @ Prodip … vs Unknown on 7 March, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

50.       07.03.2025
Court
No.29       (Tanmoy)

Allowed
                                      IN THE HIGH COURT AT CALCUTTA
                                   CRIMINAL MISCELLANEOUS JURISDICTION
                                            CRM (DB) 267 of 2025

                         In Re: - An application for bail under Section 483 of Bharatiya
                         Nagarik Suraksha Sanhita, 2023, arising out of Jiaganj Police
                         Station Case No. 171/2023 dated 08.07.2023 under Sections
                         302/ of the Indian Penal Code, 1860. Charge-sheet submitted
                         under Sections 448///// of the Indian Penal
                         Code, 1860.

                                                         And

                         In the matter of: - PRADIP SINGHA @ SITAN SINGHA @ PRODIP SINGHA
                                           @ SILAN
                                                                                  ...petitioner.
                         Mr. Tapodip Gupta
                         Mr. Suman Bhanja
                                                                         ...for the petitioner.
                         Mr. Bitasok Banerjee
                         Ms. Sanjida Sultana
                                                                             ...for the State.


                                           Dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated January 8,

2025, passed in CRM (DB) 3201 of 2024, whereby a co-ordinate

Bench enlarged on bail a co-accused person by the name of

Mantu Mondal, primarily on the ground of delay in progress of

trial. That accused person was in custody for one year and six

months. Only one out of 40 charge-sheet named witnesses had

been examined. The petitioner herein says that he stands on the

same footing as Mantu Mondal.

2. Learned Counsel for the State, while opposing the prayer for bail,

in his usual fairness, does not dispute that this petitioner is

similarly circumstanced as the said Mantu Mondal insofar as

delay in trial and period of detention are concerned.
2

3. Hence, on the ground of parity, we allow the petitioner’s prayer

for bail.

4. Accordingly, we direct that the petitioner, namely, PRADIP SINGHA

@ SITAN SINGHA @ PRODIP SINGHA @ SILAN, shall be released on bail

upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand)

with two sureties of like amount each, one of whom must be

local, to the satisfaction of the learned Additional Sessions

Judge, 2nd Court, Lalbagh, Murshidabad, subject to condition

that the petitioner shall appear before the Trial Court on each

and every date of substantive hearing subject to the provisions of

Section 317 of the Code of Criminal Procedure, 1973 / Section

355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not

intimidate the witnesses and/or tamper with evidence in any

manner whatsoever.

5. In the event the petitioner fails to adhere to any of the conditions

stipulated above without any justifiable cause, the Trial Court

shall be at liberty to cancel his bail in accordance with law

without further reference to this Court.

6. The application for bail being CRM (DB) 267 of 2025 is

accordingly disposed of.

7. Criminal Section is directed to supply urgent photostat certified

copies of this order to the parties, if applied for, upon compliance

with all requisite formalities.

(Arijit Banerjee, J.)

(Prasenjit Biswas, J.)