Mantu Ghosh v. State Of West Bengal

D/L 134-136 20.04.2026 Rohit, A.R.(Ct) ct.no.8

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION DR 4 of 2024 With CRA (SB) 29 of 2025 With CRAN 3 of 2026 With CRA(DB) 4 OF 2025 In Re: An application for bail Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chinsurah Police Station Case No. 320/2020 dated 12.10.2020 under Sections 120B/364/302/201 of the Indian Penal Code. In Re: 1. Mantu Ghosh ....Appellant Mr. Sandipan Ganguly, Sr. Adv Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Subhrajit Dey Ms. Monami Mukherjee Mr. S. Mazumder ...for the Appellants in DR 4 of 2024 Ms. Jeenia Rudra Mr. Ronit Naskar ... for the Appellant in CRA (SB) 29 of Mr. Achin Jana Mr. Prosenjit Ghosh Ms. Chetna Rustagi Mr. Debojyoti Kumar Ms. D. Mukherjee ...for the Petitioner in CRA (DB) 4 of Mr. Sandipan Ganguly, Sr. Adv Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Subhrajit Dey Ms. Monami Mukherjee Ms. Mamta Karua ...for the Respondents

Mr. Debasish Roy, Ld. P.P Ms. Amita Gaur, Ld. Sr. Gov Adv Ms. Nandini Chatterjee ...for the State Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Pritha Biswas Ms. Upasana Sarkar ...for the de facto complainant Dictated by Arijit Banerjee, J:- In Re : CRAN 3 of 2026 arising out of CRA(SB) 29 of 2025: 1.

This petitioner9s conviction was only under Section 201 IPC. He was sentenced to suffer imprisonment for 7 years. 2.

From the record it appears that the petitioner has served out five and a half years out of seven years. 3.

We see from the materials on record that the petitioner was not present at the time of commission of the crime. 4.

Hence, without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India we grant interim bail to the petitioner.

5.

It is thus ordered that the applicant, namely Mantu Ghosh shall be released on interim bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, Fast Track, 1st Court, Hooghly, subject to condition that the applicant, while on interim bail, remain within the district of Hooghly and shall intimate his current local address to the learned Trial Court and shall meet the Inspector-in-Charge/Officer-in-Charge of the Sheoraphully Police Station once in a fortnight, except for the purpose of attending Court proceeding until further

order and that the applicant shall be personally present or be represented through his learned counsel during hearing of the appeal and he shall surrender before the Trial Court as and when called for in connection with the present appeal.

6.

The department is directed to forward a copy of this order to the Superintendent of the concerned Correctional Home for immediate release of the applicant/appellant unless he is wanted in connection with any other case.

7.

We clarify that the observations made by us in this order are only for the purpose of disposing of the application and the same shall have no relevance at the final hearing of the appeal.

8.

The application being CRAN 3 of 2026 is accordingly disposed of.

9.

Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. 10.

This order of interim bail shall continue till the end of June, 2026 or until further order, whichever is earlier. IN RE: DR 4 OF 2024 WITH CRA(SB) 29 OF 2025 WITH CRA (DB) 4 OF 2025 11.

Dr. Achin Jana, learned Advocate, was representing the appellants in CRA (DB) 4/2025. Today, he tells us that the appellants have instructed him to grant no objection in favour of some other learned Advocate. He has done so in respect of appellant no.3, being Rathin Singh. He will execute 8No Objection9 in respect of the other two appellants in course of the day or tomorrow.

12.

Learned Advocate for the appellants who has been newly engaged, seek accommodation. This is unfortunate. These matters were specially fixed for hearing today at 3:00 p.m. quite some time back. At the last moment, the appellants in CRA(DB) 4/2025 have sought to change their Advocate and on that ground seeks time. We deprecate such practice. 13.

We have heard the leaned Public Prosecutor at length today. He does not conclude.

14.

List these matters once again on May 11, 2026 marked as 3:00 P.M.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)