Calcutta High CourtCRM(M)/1891/2025allowed

Mohammad Hanif @ Hanif Mohammad @ Hanif Md @ Md Hanif v. State Of West Bengal

2025-10-14Hon'Ble Justice Apurba Sinha Ray2 pages

14.10.2025 Item No.22 Ct. No. 6 PG C.R.M.(M) 1891 of 2025 In Re:- An application for bail under Section 483 of the B.N.S.S., 2023/Under Section 439 of the Code of Criminal Procedure, 1973 in connection with Hemtabad Police Station Case No.202 of 2019 dated 12.10.2019 under Sections 498A/302/201/34 of the Indian Penal Code.

And In the matter of : Mohammad Hanif @ Hanif Mohammad @ Hanif Md. @ Md. Hanif.............Petitioner Mr. Navanil De Mr. Srinjan Ghosh ....for the petitioner Mr. Anupam Das Adhikari Mr. Atanu Ghosh..........for the State

1. Having heard the learned counsel for the petitioner and also taking into consideration of the objection of the learned counsel for the State, I find that the petitioner is entitled to bail on the ground that he is in custody for six years and there is no chance of an early conclusion of the trial.

2. Furthermore, there is an order passed by the Hon'ble Supreme Court granting bail to another accused.

3. Accordingly, the prayer for bail of the petitioner is allowed.

4. The petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each out of which one must be local to the satisfaction of the learned Chief Judicial Magistrate, Raiganj, Uttar

Dinajpur and on further condition that the petitioner shall not enter the jurisdiction of the Hemtabad Police Station, Uttar Dinajpur until further orders and on condition that the petitioner shall meet the Officer-inCharge of the local police station, where he shall reside twice in a week until further orders.

5. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

7. The application for bail is, accordingly, allowed.

8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)