Md Habibullah @ Habibulla v. State Of West Bengal

12.03.2025 Item no.20.

Court No.29.

S. De CRM (DB) No. 110 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Md. Habibullah @ Habibulla.

...Petitioner.

Mr. Jaydeep Biswas, Mr. Jewel Chanda, Mr. Kaushik Ghosh, ...for the Petitioner.

Mr. Debasish Roy, Ld. P.P., Mr. Samik Gangully, Ms. Rajnandini Das, ......for the State.

Dictated by Arijit Banerjee, J.

1. The charge is very serious, sedition i.e. waging war against the Nation.

2. The petitioner says that there is no such incriminating material as would justify his continued custodial detention. He is in custody for 264 days. He prays for bail.

3. Learned Public Prosecutor draws our attention to the material in the case diary. Incriminating materials have been seized from the possession of the petitioner. Phones have been tapped. The voice samples have been sent to the FSL. The voice samples matched with that of this petitioner. He has been requesting for donations for allegedly helping the brothers in Palestine.

4. In view of the serious nature of allegation and the gravity of the alleged offence and the prima facie incriminating material against the petitioner, we are not inclined to allow the prayer for bail, at this stage.

5. CRM (DB) 110 of 2025 is dismissed.

(Om Narayan Rai, J.) (Arijit Banerjee, J.)