Md Anarul Mondal @ Anarul Mandal v. State Of West Bengal

August 19, 2025 10 ARDR (Allowed) CRM (DB) 952 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Karimpur Police Station Case No. 186 of 2024 dated 14/10/2024 under Sections 103/226/3(5)/61/303(2)/317(2) of the BNS, 2023 and Sections 25/27 of the Arms Act.

And In Re :

Md. Anarul Mondal @ Anarul Mandal ... Petitioner.

Adv. Joydip Biswas, Adv. Asraf Mandal, Adv. Manas Kumar Das, Adv. Kaushik Ghosh, ... for the petitioner.

Adv. Shahan Shah, Adv. Soumen Barman, ...for the de facto complainant.

Adv. Rudradipta Nandy, Adv. Nahid Ahmed, ... for the State.

Learned counsel for the petitioner submits that the petitioner is in custody for ten months upon being falsely implicated. He was not at the place of occurrence, has no nexus with the alleged murder and no recovery was made from him. He prays for bail. Learned counsels for the State and the defacto complainant oppose the prayer.

I have considered the material on record.

Though the petitioner's name has transpired from the statement of some of the witnesses, no incriminating material has been recovered pursuant to his statement. It prima facie appears that a fake SIM was given by the petitioner to co-accused Samsul Seikh to allegedly execute the murder plan. The said SIM appears to have been used by Samsul Seikh to connect the other accused persons for commission of the alleged offence. Samsul Seikh has

been granted bail by this Court. The petitioner appears to be similarly circumstanced with Samsul.

Considering the material on record and extent of complicity of the petitioner in the alleged crime, this Court is of the view that further detention of the petitioner is not required and he may be granted bail subject to stringent conditions. Accordingly the prayer for bail is allowed.

The petitioner namely Md. Anarul Mondal @ Anarul Mandal 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 Additional Chief Judicial Magistrate, Tehatta, Nadia subject to the condition that he shall remain outside the jurisdiction of Thanapara and Karimpur Police Stations and shall furnish the address where he shall henceforth reside before the learned trial Court, Investigating officer and the officer in charge of the police station under whose jurisdiction he shall presently reside. The petitioner 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 adhere to any of the conditions stated above without any 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 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.)