Calcutta High CourtCRM(M)/2009/2025dismissed

Hazrat Omar @ Hazrat Ali v. State Of West Bengal

2026-02-03Hon'Ble Justice Tirthankar Ghosh2 pages

99. 03.02.2026 (M/L) Court No.35 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM(M)/2009/2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Beldanga P.S. Case No.518/2020 dated 04.12.2020 under Sections 341/302/34 of Indian Penal Code read with Sections 3/4 of Explosive Substances Act and Sections 25/27 of Arms Act, 1959.

And In the matter of: - HAZRAT OMAR @ HAZRAT ALI ...petitioner.

Mr. Moyukh Mukherjee Mr. Anisur Rahaman ...for the petitioner.

Mr. Madhusudan Sur, APP Ms. Sima Biswas ...for the State.

Mr. Anit Dey ...for the de facto complainant.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for more than five years and the learned Trial Court, after examination under Section 313 of the Criminal Procedure Code, 1973 was over, has recalled six witnesses for de novo trial by an order dated 27th August, 2025. Learned Advocate for the petitioner further submits that taking into consideration the period of detention of the present petitioner, he may be released on bail in view of the present steps taken by the learned Trial Court.

Learned Advocate for the State produces the order dated 11th December, 2025, passed in CRM(M)/2631/2025 wherein direction

was passed to complete all the witness action by 31st March, 2026 and within a month thereafter to complete the examination under Section 313 of the Criminal Procedure Code, 1973. Liberty was granted to the petitioner to renew the prayer for bail after 30th April, 2026.

Having considered the same, I am of the view that the petitioner would approach this Court after 30th April, 2026. Learned Trial Court would act in consonance with the terms and directions passed in CRM(M)/2631/2025.

Accordingly, the application being CRM(M)/2009/2025 is dismissed at this stage.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Criminal Section is directed to make available urgent photostat certified copy of this order to the parties, if applied for, upon compliance with all requisite formalities. (TIRTHANKAR GHOSH, J.)