01.09.2026 Court No.35. D/L.300. Rakib (Allowed) CRM (M) 1710 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 Howrah Police Station case no. 399 of 2025 dated 08.09.2025 under Sections 351(2)/352/118(1)/118(2)/109 of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Arif Ali @ Birju ……Petitioner. Mr. Mritunjoy Chatterjee Mr. Arindam Paoli Mr. Debarnab Adhikary .....for the Petitioner. Mr. Madan Mohan Ray Mr. Ravi Ranjan Kumar ……for the State. Learned advocate appearing for the petitioner submits that petitioner was arrested on 08.09.2025 and since then he is in custody, charge-sheet has already been submitted, charges have been framed and the evidence of the prosecution witnesses has already commenced. Learned advocate appearing for the State opposes the prayer for bail. I have taken into account the charge-sheet which has been submitted before the jurisdictional Court which reflects that 5 witnesses have been relied upon by the prosecution. Unfortunately, I do not find that any of the doctors have been cited as a witness in the list of witnesses cited by the investigating officer of the case. 2 Having considered that the petitioner is in custody for more than 11 months and also comparing the same so far as the conduct of the petitioner is concerned, on stringent conditions, I am granting the petitioner on bail. As such, prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Arif Ali @ Birju 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 jurisdiction of district of Howrah without prior permission of the learned Trial Court. Additionally, petitioner shall not enter into the jurisdiction of Howrah Police Station except for the purposes for attending the Court proceedings. Petitioner shall provide his address of the residence to the learned Chief Judicial Magistrate, Howrah prior to his release as also to the Officer-in-Charge of Howrah Police Station. Petitioner shall once in a week meet with the Officer-in- Charge of the jurisdictional police station where he would reside after his release and submits the acknowledgment in respect of his attendance before the concerned police station to the learned trail Court in seisin of the present case. 3 Learned trial Court is directed that if there is any violation of attendance at the jurisdictional police station where the petitioner would reside, in that circumstances the learned trial Court without any further reference to this Court would cancel the bail of the present petitioner. With the aforesaid observations, CRM (M) No. 1710 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.)