Saiful Mondal @ Saiful Islam Mondal @ Charu @ Sariful Islam Mondal v. State Of West Bengal
3.9.2025 SB Allowed C.R.M. (NDPS) 1082 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Hogolberia Police Station case no. 142 of 2025 dated 11.5.2025 under Sections 21(c)/25 of the NDPS Act, 1985.
And In the matter of : Saiful Mondal @ Saiful Islam Mondal @ Charu @ Sariful Islam Mondal .... Petitioner Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak ...for the Petitioner Ms. Amita Gaur Mr. Anindya Sunder Chatterjee ...for the State Leaned counsel for the petitioner submits that he is in custody for about 113 days and though he was taken in to police custody, nothing was recovered from the possession of the present petitioner during investigation. He further submits that 800 bottles of cough syrup containing codeine phosphate was recovered from the possession of one Dhirag Mondal who took the name of Saidul Mondal and Akbar Mondal. Thereafter, Saidul Mondal took the name of the present petitioner and one Bijan Monal. Thereafter, Bijan Mondal obtained bail from this court vide order dated 21.8.
2025 in CRM (NDPS) 1007 of 2025, another co-accused namely, Biswajit Pal has also obtained bail from this court. The present petitioner is almost on the same footing with that of those co-accused persons and as such, he may be released on bail on any terms and conditions.
Learned counsel for the State opposes the bail prayer but in his usual fairness, he submits that the present petitioner is almost on the same footing with that of the co-accused namely, Biswajit Pal and Bijan Mondal.
Having considered the submissions made on behalf of both the parties and that nothing was recovered from the possession of the present petitioner and the name of the present petitioner transpired from the co-accused statement and as such, the rigour of Section 37 of the NDPS Act may not attract in respect of the present petitioner in the instant case and that investigation in respect of the present petitioner must have advanced to a considerable extent while he was in custody, the prayer for bail made by the present petitioner is allowed.
Accordingly, the petitioner namely, Saiful Mondal @ Saiful Islam Mondal @ Charu @ Sariful Islam Mondal shall be released on bail upon furnishing a bond of Rs. 20,000/- with two registered sureties of Rs. 10000/- each, of which one must be local, subject to the satisfaction of the learned Chief Judicial Magistrate, Krishnanagar, Nadia and also on condition that the accused person shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his mobile phone number to the local police station and shall not change it without prior permission of the trial court and he shall not in
any manner try to delay the trial. The petitioner shall not leave the geographical limit of district of Nadia without taking leave from the court below and shall report to the O.C./I.C., Holgolberia Police Station once in a week until further order. The court below will be at liberty to cancel the bail in the event of violation of any of the conditions without making any reference to this court.
Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merit of the case.
Accordingly, CRM (NDPS) 1082 of 2025 is disposed of. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)