Kanai Mondal v. State Of West Bengal And ANR

September 11, 2025 34 ARDR (Rejected) CRM (M) 1279 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Chandipur Police Station Case No. 475 of 2024 dated 26/12/2024 under Sections 70(1)/103(1)/283/3(5) of the BNS.

And In Re :

Kanai Mondal ... petitioner.

Sr. Adv. Rajdeep Mazumder, Adv. Pritam Roy, Adv. Arushi Rathore, Adv. Triparna Roy ... for the petitioner.

Adv. Z.N. Khan, Adv. Atulya Sinha, ... for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

The defacto complainant is not represented despite service. The petitioner is in custody for more than seven months and prays for bail.

Learned counsel for the petitioner submits that the case is based on circumstantial evidence. There is no eye witness to the alleged murder. The petitioner has been falsely implicated. Learned counsel for the State opposes the prayer. I have considered the material on record.

The petitioner and the co-accused were last seen together with the victim prior to the alleged incident. The scarf of the victim which has been identified in T.I. Parade was recovered pursuant to the leading statement of the petitioner and the co-accused. The petitioner is in custody for more than seven months. Offence, if proved, shall attract mandatory life imprisonment. Progress in trial is fairly satisfactory.

Considering the material on record and prima facie involvement of the petitioner in the alleged offence, prayer for bail is rejected at this stage.

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.)