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Calcutta High CourtCRM (DB)/334/2025rejected

Sanjoy Mondal v. State Of West Bengal

2025-03-24Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

24.03.2025 Item no. 27.

Court No.29.

AB (Rejected) CRM (DB) 334 of 2025 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 STF (Kolkata) P.S. Case No.14 of 2023 Dated 07.04.2023 under Section 121/121A/122/123/120B of the B.N.S. 2023 read with Sections 16/17/18/18A/20 of the Unlawful Activities (Prevention) Act and Section 25(1B) (a) of the Arms Act And In the matter of : Sanjoy Mondal ......Petitioner.

Mr. Arnab Chatterjee Mr. A. Ghosh, Ms. Poulami Bose, Ms. Dhanasree Biswas ......for the Petitioner. Mr. Antarikhya Basu, Ms. Sreetama Das ......for the State.

Dictated by Arijit Banerjee, J.

1.

The petitioner says that even assuming that he is a member of a banned political party that per se does not make him a criminal. Unless he has been involved in violence or illegal activities, he cannot be described as a criminal. Recoveries made from him do not indicate that he was engaged in any illegal activity. He is in custody for about one year and one month. He prays for bail. 2.

Learned Advocate for the State strongly opposes the bail prayer. He draws our attention to the material in the case diary. He says that there was recovery of firearms which had been earlier stolen from police custody by members of the concerned political group, from one Pradip Mondal and also one Sabyasachi Goswami and

this petitioner and Sabyasachi shared the same accommodation. From that accommodation arms had been seized. The involvement of this petitioner is clearly there in the alleged offence.

3.

We see that the charge is very serious. The charge is of sedition i.e. waging war against the nation. National interest, national security being involved and seeing that the trial is in progress and the State says that trial should be concluded within a year, we are not inclined to entertain the petitioner's prayer for bail, at this stage. 4.

The prayer for bail is rejected.

5.

CRM (DB) 334 of 2025 is dismissed.

6.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)