Sekhar Mondal v. State Of West Bengal

27.03.2026 Court No.35.

D/L. 103.

Kausik (Allowed) CRM (M) 460 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Muchipara Police Station Case No. 79 of 2024 dated 28.06.2024 under section 120B, 365 and 302 of the Indian Penal Code, 1860. And In the matter of : Sekhar Mondal ......Petitioner.

Mr. Imran Siddiqui Mr. Irfan Jabed Ali ......for the Petitioner.

Mr. Madhusudan Sur, Ld. APP Mr. Santanu Deb Roy ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 1 year and 8 months and similarly placed accused person has already been granted bail in CRM (M) 2894 of 2025. Prosecution has relied upon 34 witnesses in the charge sheet and till date 12 witnesses have been examined.

Learned advocate for the State opposes the prayer for bail, draws the attention of the Court to the statement of an eye witness under Section 164 of the Cr.P.C. and disputes that the petitioner and the person who has been granted bail are on the same footing. According to the State, petitioner's overt act were of higher degree than the person who has been granted bail.

I have taken into account the nature of the injuries inflicted which was by way of fist and blows and with a cricket bat. So far as the petitioner is concerned, petitioner has struck with a cricket bat.

Having regard to the period of detention of the present petitioner and without entering into the merits of the case and considering that some more time will be required for conclusion of the trial, at this stage, I am inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is allowed.

Accordingly, Petitioner namely, Sekhar Mondal shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each. One of whom must be local to the satisfaction of Learned ACJM II, Calcutta.

If on bail, petitioner shall make himself available on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of District of Kolkata without prior intimation to the learned Trial Court.

If there is any violation of the above condition the learned Trial Court would cancel the bail of the present petitioner without further reference to this Court. Accordingly, CRM (M) 460 of 2026 is allowed.

All parties shall act in terms of server copy of the order 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 with all requisite formalities.

(Tirthankar Ghosh, J.)