Ajit Mondal And ANR v. The State Of West Bengal And ANR

10.03.2025 Item no.22.

Court No.29.

S. De CRM (DB) No. 305 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 : Ajit Mondal & Anr. ...Petitioners. Mr. Debapratim Guha, Mr. Diptendu Banerjee, Ms. Archita Sarkar, ...for the Petitioners.

Mr. Saibal Bapuli, Ld.APP, Mr. Karan Bapuli, ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioners say that they are in custody for more than 2 years. They have been falsely implicated. Only 3 out of 30 chargesheet named witnesses have been examined. There is no certainty as to when the trial will conclude. They renew their prayer for bail which was rejected earlier by a co-ordinate Bench on May 18, 2023 in CRM (DB) 2023 of 2023.

2. Opposing the prayer, learned APP shows us the material in the case diary. The allegation is of rape and murder. The FSL report clearly implicates the petitioners. There are other circumstantial evidence which indicates the complicity of the petitioners in the alleged offence. We are told that a Bangladeshi Passport was seized from the petitioner no.1 who, therefore, appears to be a Bangladeshi national.

3. In view of the aforesaid, in spite of the petitioners being in custody for quite some time, we are not inclined to entertain their prayer for bail, at this stage.

4. CRM (DB) 305 of 2025 is dismissed.

5. In view of the period of detention of the petitioners, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same on an early date, without granting unnecessary adjournments to either of the parties and, if necessary, by fixing frequent schedules of 2/3 date each for examination of witnesses.

6. Let this order be communicated by the parties to the learned Trial Court.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.)