Kalu Mondal @ Bhabesh Chandra Mandal @ Bhabesh Chandra Mondal v. State Of West Bengal

September 16, 2025 25 ARDR (Rejected) CRM (M) 1041 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Domkal Police Station Case No. 83 of 2021 dated 28/2/2021 under Sections 363/365/302/201/34 of the Indian Penal Code. And In Re :

Kalu Mondal @ Bhabesh Chandra Mandal @ Bhabesh Chandra Mondal ... petitioner.

Sr. Adv. Sourav Chatterjee, Adv. Somnath Adhikary, ... for the petitioner.

Adv. Debasis Bandyopadhyay, ...for the de facto complainant.

Adv. Rituparna Ghosh, Adv. Srilekha Chattopadhyay, ... for the State.

Supplementary affidavit filed on behalf of the petitioner is taken on record.

The petitioner is in custody for about four years and renews his prayer for bail solely on the anvil of Article 21 of the Constitution of India.

Learned counsel for the petitioner submits that despite specific directions of this Court to conclude the trial at an early date, trial is still continuing and four more witnesses are yet to be examined.

Learned counsels for the State and the defacto complainant oppose the prayer.

Bail prayer of the petitioner was turned down considering the material on record on 14th February, 2025. It appears that the prosecution proposes to examine four more witnesses and schedule for witness action has been fixed on 4th November, 2025 and 6th November, 2025 respectively. This Court is informed that the

defacto complainant has filed a petition before the learned trial Court seeking re-examination of witness Neha Khatoon. The petition is still pending.

On merits the petitioner does not deserve a favourable order at this stage.

Accordingly, bail prayer of the petitioner is rejected at this stage.

Considering the period of incarceration of the petitioner, it is expected that the learned trial Court shall conclude the witness action on the dates fixed by him. The learned trial Court is also directed to consider and dispose of the application filed by the defacto complainant at the earliest without granting any unnecessary adjournment to either of the parties. In the event the witness action is not concluded within the date fixed by the learned trial Court, the petitioner shall be at liberty to renew his prayer for bail.

The application for bail is disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)