Jamat Ali Mondal v. State Of West Bengal

53.

13.08.2025 Court No.34 (pp)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 1032 of 2025 In Re: - An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Baduria Police Station Case No.116/2025 dated 04.03.2025 under Sections 126(2)/118(2)/103(1)/61(2) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Jamat Ali Mondal ....petitioner. Mr. Soubhik Mitter, Mr. Litan Maitra, Ms. Rajnandini Das, Mr. Chitrak Biswas ...for the petitioner.

Ms. Zareen N. Khan, Ms. Sonali Bhar ....for the State.

Mr. Satadru Lahiri, Mr. Syed Wasim Faruque .for the defacto complainant.

Learned counsel for the petitioner submits that the petitioner is in custody for more than 5 months. He is not the principal assailant. He is the father of the principal assailant who dealt with the fatal blow on the victim. No recovery has been made from the petitioner. He prays for bail. Learned counsel for the State and the defacto complainant oppose the prayer for bail.

I have considered the material on record.

The petitioner is the father of the principal assailant and was present at the spot when the incident occurred. The

incident occurred in broad daylight. The statement of witnesses under Section 164 of the Code of Criminal Procedure suggests that the petitioner instigated the principal accused to assault the victim. Such assault led to the death of the victim. Considering the nature and gravity of the offence and prima facie involvement of the petitioner therein, prayer of bail is rejected at this stage.

CRM (M) 1032 of 2025 is disposed of.

Case Diary be returned.

All parties shall act on the server copies 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.)