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Calcutta High CourtCRM(M)/1615/2025allowed

Piyarul Mondal v. State Of West Bengal

2025-10-27Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

8.

27-10-2025 (ct. no.446) debajyoti (allowed) CRM (M) 1615 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Domkal Police Station Case No.414 of 2021 dated 15-07-2021 under Sections 302/34 of the Indian Penal Code and under Sections 25/27 of the Arms Act.

- A n d - In the matter of : Piyarul Mondal .... Petitioner.

Mr. Arnab Chatterjee, Mr. A. Ghosh, Ms. Ankusha Ghosh ... For the Petitioner.

Mr. Subhomoy Bhattacharyya, Ms. Puja Goswami ... For the State.

Mr. Masooq Rahman ... For the defacto complainant.

1. Heard the submissions of learned advocates for the parties.

2. The present petitioner is in custody for the last 3 years 6 months and his last application for bail was rejected in the year 2023. It is further submitted that out of 14 charge sheet named persons, 13 including the principal accused person are on bail.

3. Learned advocates for the State and the defacto complainant oppose the prayer for bail.

4. Having heard learned counsel for the parties and considering the facts and circumstances of the case and the period of detention which is more than 3 years 6 months and that trial has commenced and that all other co-accused

persons on similar footing are enlarged on bail, this Court is of the view that further custodial detention of the petitioner is not necessary.

5. Accordingly, the petitioner, namely, Piyarul Mondal, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Murshidabad at Berhampore. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever. The petitioner shall appear before the Officer-in-Charge/Inspector-in-Charge of the local police station once in a week, until further orders.

6. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

7 The application for bail is, thus, allowed.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

[Chaitali Chatterjee (Das), J.]