Abdush Samad Mondal v. State Of West Bengal

24.04.2025 Ct.No.34 b.das Allowed C.R.M. (DB) 415 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Golabari P.S. Case No. 09 of 2023 dated 09.01.2023 under Sections 370 of Indian Penal Code read with Sections 13/14 of the Foreigners Act charge sheet submitted under Sections 370/120B/109 of the IPC read with Section 14(c) of the Foreigners Act. And In Re :

Abdush Samad Mondal.

... Petitioner.

Mr. Susnigdho Bhattacharyya Ms. Sarmistha De ... for the Petitioner.

Mr. Arindam Sen Mr. Amanul Islam ... for the State.

Report submitted by the State is taken on record. Heard learned counsels for the parties.

The petitioner seeks parity with co accused Sudip Das who stands on the same footing and has been granted bail. Bail prayer of the petitioner was turned down by this Court earlier and it is submitted on behalf of both the parties that such fact was not pleaded before the Court. The petitioner is in custody for more than 2 years. Co accused similarly circumstanced with the petitioner has been granted bail earlier. Such fact is not denied by the State. The petitioner is entitled to the same benefit. The prayer for bail is allowed.

The petitioner Abdush Samad Mondal be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one

of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah subject to condition that he shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is thus disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)