Manirul Hoque Alias Manirul Islam v. State Of West Bengal
July 15, 2025 8 ARDR (Allowed) CRM (R) 76 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Harishchandrapur Police Station Case No. 665 of 2023 dated 09/7/2023 under Sections 143/323/325/506/307/34 of the Indian Penal Code and Sections 27/25(1-B)/35 of the Arms Act. And In Re :
Manirul Hoque alias Manirul Islam ... Petitioner.
Adv. Soupal Chatterjee, Adv. Mekhla Kar, ... for the petitioner.
Adv. Zareen Khan, Adv. Mausumi Sarkar, ... for the State.
Learned counsel for the petitioner submits that the petitioner is in custody for more than 70 days. The incident occurred on the date of polling and he has no involvement in the incident. Learned counsel for the State opposes the prayer. I have considered the material on record.
The alleged incident occurred at the time of Assembly Election. The petitioner appears to be a member of a gang which was involved in the incident. No specific overt act has been attributed to him. No offending weapon has been recovered from him. Most of the co-accused have been granted bail earlier. Five co-accused are still absconding. Charge sheet has been submitted.
Considering the material on record and extent of complicity of the petitioner in the alleged offence, this Court is of the view that further detention of the petitioner is not required for the purpose of custodial interrogation and he may be released on bail subject to stringent conditions.
Accordingly, the prayer for bail is allowed.
The petitioner namely Manirul Hoque alias Manirul Islam 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 Additional Chief Judicial Magistrate, Chanchal, Malda subject to the condition that he shall remain outside the jurisdiction of Harishchandrapur Police Station and shall furnish the address where he shall presently reside before the learned trial Court, Investigating officer and the Officer in charge of the police station under whose jurisdiction he shall henceforth reside. He shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to adhere to 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.
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.)