Hikim Hansda v. State Of West Bengal

06-02-2025 (ct. no. 29) KOLE Allowed CRM (DB) 3524 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Jamboni Police Station Case No. 15 of 2024 dated 19.02.2024 under Sections 447/386/34 of the Indian Penal Code and Sections 25(1B)/25(6) of the Arms Act.

- A n d - In the matter of : Hikim Hansda .... Petitioner.

Mr. Soumyajit Das Mahapatra, Mr. M. Sinha, Mr. R. Haldar, ... For the Petitioner.

Mr. Mir Anuruzzaman, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

The petitioner claims parity citing an order dated November 18, 2024, passed in CRM (DB) 2952 of 2024, whereby this Bench had enlarged a co-accused person by the name of Manoranjan Hembram on bail. The petitioner says that he stands on the same footing as Manoranjan Hembram.

2.

Learned State Advocate while opposing the bail prayer is unable to point out as to how the present petitioner stands on a different footing from Manoranjan Hembram. From the material on record, we are also of the view that this petitioner and the aforesaid Manoranjan Hembram are similarly circumstanced in so far as their complicity in the alleged crime is concerned. 3.

Hence, on the ground of parity, we enlarge the petitioner on bail.

4.

Accordingly, we direct that the petitioner, namely, Hikim Hansda, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial

Magistrate, Jhargram subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not leave the jurisdiction of the concerned police station and shall meet the Officer-in-Charge of the concerned police station once every fortnight until further orders. 5.

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.

6.

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

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