Manwar Alam @ Manwar Ali @ Sk vs Unknown on 28 February, 2025

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Calcutta High Court (Appellete Side)

Manwar Alam @ Manwar Ali @ Sk vs Unknown on 28 February, 2025

Bench: Debangsu Basak

28.02.2025
 Serial no. 8 & 11
   [Dd]
(Bail allowed)

                                     CRM (DB) 3303 of 2024
                                             With
                                         CRAN 1/2025
                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 in connection with Ekbalpore
                Police Station Case No. 78 dated 11.03.2012 under Sections 302
                and 34 of the Indian Penal Code, 1860,

                                          -And-

                In the matter of : Manwar Alam @ Manwar Ali @ Sk.
                                   Chand@ Chand
                                                       ... ... Petitioners

                                            with

                                CRM (DB) 4141 of 2024

                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 in connection with Ekbalpore Police
                Station Case No. 78 of 2012 dated 11.03.2012 under Sections
                302 and 34 of IPC and Sections 25(1)(a)/27 of the Arms Act,
                1959 and charge sheet submitted under Section 302/34 IPC.

                In the matter of : Sk. Zakir Hossain @ Birju



                Mr. Sandip Kr. Bhattacharya,
                Mr. Dipta Dipak Banerjee., Advocate
                               ... ... For the Petitioner in CRM(DB) 3303/2024
                Mr. Apalak Basu,
                Mr. Nazir Ahmed,
                Ms. Sanghamitra Midhra, Advocates
                         ... ...For the For the Petitioner in CRM(DB) 4141/2024
                Mr. Debabrata Chatterjee,
                Ms. Nandini Chatterjee,
                Ms. Sanjida Sultana, Advocates
                               ...For the State in CRM(DB) 3303/2024

                Mr. Soumik Ganguly,
                Mr. Sharequl Haque, Advocates
                               ... ..For the State in CRM(DB) 4141/2024

                1.

Two applications for bail are taken up for analogous hearing as they emanate out of the same police case.

Petitioners in both the applications for bail were granted interim bail by the co-ordinate Bench. Prior to the grant of interim bail, both the petitioners were in custody for a period in excess of 12 years.

2. There is hardly any possibility of the trial ending any time soon in the near future.

3. Purely on the principle of Article 21 of the Constitution of India, we confirm the interim bail granted in favour of both the petitioners before us.

4. Accordingly, we direct that the both the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, South 24 Parganas at Alipore subject to condition that the petitioners shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event, the petitioners fail to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.

6. The prayer for bail of both petitioners is allowed.

7. CRM (DB) 3303 of 2024 and CRM (DB) 4141 of 2024 along with connected application are disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)

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Calcutta High Court (Appellete Side)