Calcutta High CourtCRM(M)/435/2026disposed

Rahul Mondal v. State Of West Bengal

2026-04-17Hon'Ble Justice Tirthankar Ghosh3 pages

D/L6 17.04.2026 C.R.M. (M)435 of 2026 Bpg.

In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Mallarpur Police Station Case No.238 of 2024 dated 09.10.2024 under Sections 103(1)/238/61(2) of the BNS;

Rahul Mondal

Versus

The State of West Bengal Mr. Milon Mukherjee Mr. Arnab Kumar Neogi Mr. Sourav Samanta.

...for the petitioner.

Mr. Arindam Sen Ms. Trina Mitra.

...for the State.

Mr. Mukherjee, learned senior advocate, appears on behalf of the petitioner.

As earlier pointed out by the learned senior advocate, a report has been called in view of the discrepancy in the fact of the case which arose between the State and the learned senior advocate appearing for the petitioner. The report reflects that three witnesses are still left to be completely examined. It has been pointed out so far as the first investigating officer is concerned, his examination-inchief is complete but his cross-examination has been deferred. So far as another witness, namely, Sub-Inspector Bappa Ghosh is concerned, his examination-in-chief has started, consequently the cross-examination is still left. So far as the second investigating

officer, namely, Rajkumar Das is concerned, his examination as a whole is pending. The next date as is reflected from the report is fixed on 27th April, 2026 and 28th April, 2026. Learned trial court is directed to complete the examination of all the witnesses by 15th June, 2026. Within two weeks thereafter the examination of the accused under Section 313 of Cr.P.C. be completed.

If the defence do not adduce any evidence, in that case, within a month from completion of examination under Section 313 of Cr.P.C. the learned trial court would be at liberty to pronounce the verdict.

Since the case has arrived at an advanced stage, at this stage, the prayer for bail of the petitioner is rejected. However, the learned trial court would strictly adhere to the directions passed above.

With the aforesaid observations, CRM(M)435 of 2026 is disposed of.

Report submitted by the State be kept with the record. All parties shall act on the server copy of this order duly 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 of all requisite formalities.

(Tirthankar Ghosh, J.)