25.08.2026 Court No.35. D/L.239. Rakib (Allowed) CRM (M) 1280 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sankrial Police Station case no. 1402 of 2021 dated 23.11.2021 under Sections 302/120B/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act. And In the matter of : Md. Tafique @ Md Toufik @ Md Taufik @ Mani ……Petitioner. Mr. Imtiaz Ahmed Mrs. Ghazala Firdaus Mr. Samrat Kar Mr. Sk. Toslim Ali Mr. Sk. Saidullah Mr. Mithun Mondal Mr. Md. Arsalan Ms. Zannat Haque .....for the Petitioner. Mr. Dr. Pradip Banerjee Mr. Utsav Dutta ……for the State. Mr. Sabyasachi Banerjee Ms. Pragya Banerjee .......for the De-facto complainant. Learned advocate appearing for the petitioner submits that petitioner is in custody for four years eleven months and out of 26 witnesses cited by the prosecution, till date 18 witnesses have been examined. Records of the case reflect that on the last two dates no witnesses were present and Public Prosecutor was also not pursuing the case. Learned senior advocate appearing for the private opposite party/de-facto complainant opposes the prayer for bail and submits 2 that the petitioner is dangerous in nature and if the petitioner is granted bail whole of the trial would be jeopardized. Attentions have been drawn to the list of dates which has been spelt out in the affidavit-in-opposition. Learned advocate appearing for the State opposes the prayer for bail and emphasizes on the heinousness of the offence. I have taken into account the manner in which the case has been progressing and eight more witnesses are yet to be examined, petitioner is in custody for four years eleven months. In fact, petitioner earlier approached the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) 4343/2026, on 16.03.2026 the Hon’ble Supreme Court granted liberty to approach this High Court after the time period was over. Having considered the overall materials appearing, the period of detention of the present petitioner and that few of the accused persons are on bail, I am inclined to grant bail to the present petitioner. As such, prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Md. Tafique @ Md Toufik @ Md Taufik @ Mani shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Howrah. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the 3 jurisdiction of district of Howrah without prior permission of the learned Trial Court. Additionally, petitioner while on bail would report to the Officer-in-Charge of Sankrail Police Station once in a fortnight. Prosecution would seek necessary report. If any of the witness is threatened, the learned trial Court would cross-check the charge regarding the genuinity of the accusations and thereafter would not deter to cancel the bail granted to the petitioner. With the aforesaid observations, CRM (M) 1280 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)