Hamu @ Hamidul Sk Vs State of West Bengal and Anr. — Bail and Remand | Calcutta HC (2026)

Hamu @ Hamidul Sk Vs State of West Bengal and Anr. — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail refused; application dismissed. Trial Court directed to examine vulnerable witnesses within six months from the next date fixed, with liberty thereafter to consider bail at its discretion; prosecution granted last opportunity to complete the trial or at least the vulnerable witnesses' evidence within six months; State directed to communicate the order to the learned trial Court.

Issue for consideration

Whether the petitioner, in custody since 10.09.2022 in connection with Jalangi Police Station case no. 285 of 2022 under Sections 376 IPC, should be released on bail under Section 439 CrPC / Section 483 BNSS, given that the trial (evidence of PW1) remains incomplete and the prosecution proposes 10 witnesses.

Court's answer

Having considered the period of detention, the learned trial Court is directed to examine the vulnerable witnesses within a period of six months from the next date fixed.

Ratio / Principle

After the vulnerable witnesses are examined within the said period, the learned trial Court would be at liberty, if it feels appropriate, to exercise its discretion in favour of the accused on the issue of bail.

Key takeaways

A last opportunity is granted to the prosecution to complete the trial, or at least the examination of the vulnerable witnesses, within the period of six months.ratio¶11

Detailed headnote1 paragraphs

Criminal miscellaneous — bail under Section 439 CrPC / Section 483 BNSS in connection with Jalangi Police Station case no. 285 of 2022 dated 10.09.2022 under Sections 376 IPC — petitioner Hamu @ Hamidul Sk. in custody since 10.09.2022, more than three years six months; evidence of PW1 still in progress; prosecution proposes 10 witnesses; earlier bail prayer rejected on 14.07.2025 — application dismissed with time-bound directions: trial Court to examine vulnerable witnesses within six months from the next date fixed; prosecution granted last opportunity to complete the trial or at least the vulnerable witnesses' evidence within six months; trial Court thereafter at liberty to exercise discretion in favour of the accused on bail; State to communicate order to the trial Court (Tirthankar Ghosh, J.) — 01.04.2026.

01.04.2026 Court No.35. D/L.113. Rakib (Rejected)

CRM (M) 647 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 Jalangi Police Station case no. 285 of 2022 dated 10.09.2022 under Sections 376 of the Indian Penal Code.

And ……Petitioner. .....for the Petitioner ……for the State.

In the matter of : Hamu @ Hamidul Sk.

Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Debolina Roy Ms. Sreyashee Biswas Ms. Nandini Chatterjee

Learned advocate appearing for the petitioner submits that petitioner is in custody since 10^th of September, 2022 and more than three years six months have passed and till date the evidence of PW1 is in progress and the prosecution proposes to rely upon 10 witnesses in order to prove its case.

Record reflects that earlier the prayer for bail was rejected on 14.07.2025 thereafter the present witness is being examined.

Having considered the period of detention of the present petitioner, I direct the learned trial Court to examine the vulnerable witnesses within a period of six months from the next date fixed, thereafter the learned trial Court would be at liberty if it feels to exercise its discretion in favour of the accused so far as the issue of bail is concerned.

2

At this stage, a last opportunity is granted, prosecution would put in efforts to complete the trial or at least vulnerable witnesses within the period of six months.

With the aforesaid observations CRM (M) 647 of 2026 is dismissed.

State is directed to communicate this order to the learned trial for taking appropriate steps.

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.)