Mohamad Hanif @ Mohammad Hanif v. State Of West Bengal

30.06.2026

IN THE HIGH COURT AT CALCUTTA

Item No.79 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 904 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Hemnagar Coastal Police Station Case No. 68 of 2024 dated 22.12.2024 under Section 14A(b) of the Foreigners Act and Section 12 of the Passports Act (G.R. Case No. 5606 of 2024).

And In Re :

Mohamad Hanif @ Mohammad Hanif ... Petitioner.

Mr. Santanu Talukdar, Mr. Manojit Debnath ... For the Petitioner.

Mr. Amal Kumar Datta ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for one and a half years and till date, charges have not been framed. Another accused person has been granted bail.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail.

Having considered that the petitioner is a citizen of Iran and some time will be consumed to take the trial of the case to its logical conclusion and prescribed punishment is for a fixed term, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Mohamad Hanif @ Mohammad Hanif shall be released on bail upon furnishing bond of Rs.50,000/-, with two sureties of Rs.25,000/- each,

both of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Basirhat. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of North 24Parganas without prior permission of the Court. The petitioner shall also inform his address where he would be residing to the Court prior to his release and meet with the Officer-in-Charge/Inspector-in-Charge of Hemnagar Coastal Police Station once in a week for the next six months until and unless the same is reconsidered by the learned Additional Chief Judicial Magistrate, Basirhat or the jurisdictional court in seisin of the case.

The application for bail, being CRM (M) 904 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)