Mamon Khan Mondal v. State Of West Bengal

13.

19-02-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 449 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Dum Dum Police Station Case No.552 of 2023 dated 16-11-2023 under Sections 451/452/326/307/34 of the Indian Penal Code.

- A n d - In the matter of : Mamon Khan Mondal .... Petitioner.

Mr. Akash Sarkar ... For the Petitioner.

Mr. Debabrata Chatterjee, Mr. Md. Yaser A. Ismail ... For the State.

Dictated by Arijit Banerjee, J.

1. The charge is of attempted murder. The petitioner says that investigation is complete. Charge sheet has been filed. He is in custody for 1 year 3 months. Witness action has not begun. He prays for bail.

2. Learned State advocate, while opposing the prayer, shows us the injury report. We do not find anything that serious.

3. Considering the nature of the material available on record and the period of detention of the petitioner and keeping in mind that investigation is complete, we are of the view that further custodial detention of the petitioner is not necessary.

4. Accordingly, we direct that the petitioner, namely, Mamon Khan Mondal, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), Signed By :

DEBAJYOTI DAS High Court of Calcutta 19 th of February 2025 06:09:29 PM

with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas. The petitioner shall appear before the trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not also commit any cognizable offence in any manner whatsoever. The petitioner shall not enter the jurisdiction of Dum Dum Police Station except for the purpose of attending the court proceedings and shall appear before the Officer-inCharge/Inspector-in-Charge of the jurisdictional police station where he shall be residing while on bail, once in every week, until further orders. The petitioner shall, through his learned advocate, inform the learned trial Court, Dum Dum Police Station and the jurisdictional police station his current local address where he shall be residing while on bail.

5. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

6.

The application for bail is, thus, allowed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 19 th of February 2025 06:09:29 PM