Rojdul Mondal v. State Of West Bengal And ANR
May 22, 2025 7 ARDR (Allowed) CRM (M) 301 of 2025 Along with CRAN 1 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Tehatta Police Station Case No. 171 of 2025 dated 05/3/2025 under Sections 329(4)/64 of the BNS.
And In Re :
Rojdul Mondal ... Petitioner.
Adv. Arnab Chatterjee, Adv. Amanul Islam, Adv. Sourav Mukherjee, Adv. Poulami Bose, ... for the petitioner.
Adv. Sanjay Bardhan, Adv. Jonaki Saha, ... for the State.
Report submitted by the State is taken on record. The victim is not represented despite service. The petitioner seeks restoration of the bail application which was dismissed for default by an order passed on 5th May, 2025. Heard learned counsels for the parties.
Sufficient grounds being made out, the application being CRAN 1 of 2025 is allowed.
The order dated May 5, 2025 is set aside.
The bail application is restored to its original file and number. The petitioner is in custody for more than 70 days and prays for bail.
Learned counsel for the petitioner submits that families of the petitioner and the victim are co-sharers in respect of properties and civil suit is pending between them. The petitioner has been falsely
implicated. Charge sheet has been submitted. His further detention if not required.
Learned counsel for the State opposes the prayer. I have perused the material on record. The victim appears to be a major. The civil suit between the parties cannot be lost sight of. Considering the material on record and also since the charge sheet has been submitted, this Court is of the view that further detention of the petitioner is not required and he may be granted bail.
Accordingly, the prayer for bail is allowed.
The petitioner namely Rojdul Mondal 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 Tehatta Police Station and shall furnish the address where he shall presently reside before the learned trial Court, Investigating officer and the Officer in charge of the concerned police station under whose jurisdiction he shall henceforth reside. He shall appear before the learned trial Court on every date of hearing and 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, 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.)