CRM(M)/2317/2026 of SELIM HALDER Vs STATE OF WEST BENGAL on 8 October 2026

1. Learned counsel for the petitioner submits that the petitioner is in custody for more than 6 years 2 months. In spite of direction by this Court on 2nd September, 2025 passed in CRM (M) 1175 of 2025, the prosecution has failed to expedite the trial. He submits that since 25th September, 2025, no progress in trial has been made from the side of the prosecution. The fundamental right to have speedy justice is violated so far as the present petitioner is concerned.

2. Learned counsel for the State opposes the prayer for bail. According to him, due to change in panel of Public Prosecutor, some delay is caused, however, necessary steps will be taken from the side of prosecution to complete the trial of the case.

3. It appears that the petitioner is in custody for about 6 years 2 months. There are 21 witnesses and out of which, 6 witnesses have been completed and witness No. 7 is being examined. There is no chance of an early conclusion of the trial. I find merits with the submission of the learned counsel for the petitioner insofar as the violation of fundamental right of the petitioner to have speedy justice is concerned.

4. In view of the above, the application for bail of the petitioner, namely, Selim Halder is allowed.

5. I direct the petitioner will be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Chief Judicial Magistrate, Alipore. The petitioner shall appear before the trial court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of Baruipur Police Station except for the purpose of attending Court and shall meet the Inspector-in-Charge of the Patuli Police Station once in a week until further order of the learned Trial Court.

6. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. Thus, the application for bail being C.R.M. (M) 2317 of 2026 stands disposed of.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Hon’ble Court.

9. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities.

(Apurba Sinha Ray, J.)