Hikim Hansda v. State Of West Bengal

19.05.2025 Ct. No. 34 Item No. 20 Sws.M Allowed C.R.M. (M) 352 of 2025 In Re : An Application under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Jhargram Police Station Case No.

of dated 23.03.2024 under Sections 370(2)/372/120B/34 of the Indian Penal Code And In Re : Hikim Hansda .......petitioner Mr. Soumyajit Das Mahapatra ... For the Petitioner.

Mr. Atif Ahmed Siddiqui ... For the State.

Learned counsel for the petitioner submits that the petitioner is in custody for more than a year. Co-accused are on bail. His further detention is not required.

Learned counsel for the State opposes the prayer and submits that the petitioner has been identified in T.I. parade. I have considered the material on record.

It appears that charge-sheet has been submitted and charges framed. There has been no progress in trial since then. Considering the material on record as well as the slow progress in trial, this Court is of the view that further detention of the petitioner is not required and he may be released on bail. Accordingly, the prayer for bail is allowed.

The petitioner namely Hikim Hansda shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate,

Jhargram subject to condition that he shall remain within the jurisdiction of Jhargram police station and shall furnish the address where he shall presently reside before the learned trial Court, the investigating officer and the concerned officer in charge of the police station under whose jurisdiction he shall presently reside. The petitioner shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stated hereinabove, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is disposed of.

Case diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)