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Calcutta High CourtCRM(M)/1953/2025allowed

Sarikul Mondal @ Sarikul Islam @ Sakirul Islam v. State Of West Bengal

2025-11-03Hon'Ble Justice Tirthankar Ghosh2 pages

03.11.2025 Court No.35.

M/L. 38.

Rakib (Allowed) CRM (M) 1953 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Amdanga Police Station Case No. 597 of 2024 dated 28.08.2024 under Sections 329(4)/115(2)/117(2)/324(4)/118(2)/109/351(2)/3(5) of the Bharatiya Naya Sanhita, 2023 and 25(i)(a)/27/35 of the Arms Act.

And In the matter of : Sarikul Mondal @ Sarikul Islam @ Sakirul Islam.

......Petitioner.

Mr. Khalid Hasan Mr. Subhendu Das ......for the Petitioner.

Mr. Anupam Das Adhikari Ms. Rita Dutta.

......for the State.

Learned advocate appearing for the petitioner has prayed for renewal of bail. It has been pointed out that earlier the bail of this petitioner was rejected on 22.05.2025 but subsequently other accused persons have been granted bail. Charge-sheet has already been submitted and a case has been committed to the Court of Sessions.

Learned advocate appearing for the petitioner has referred to the order dated 24.10.2025 passed in CRM (M) 1656 of 2025 wherein one Rakibul Mondal @ Rakibul Islam has been granted bail.

Learned advocate appearing for the State submits that the petitioner is not similarly situated as the said accused who

has been granted bail, since fire arms were recovered pursuant to the statement of the present petitioner.

Be that as it may, I have considered the complicity of the accused who has been granted bail and the present petitioner. Having considered the same as well as the period of detention, I am of the opinion that further custody of the petitioner in connection with the instant case is unwarranted. Accordingly, the prayer for bail of the present petitioner is allowed.

Petitioner i.e. Sarikul Mondal @ Sarikul Islam @ Sakirul Islam shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Barasat. If on bail, the petitioner shall for the next six months attend the Amdanga Police Station twice a week until and unless waived by the learned trial Court. Accordingly, CRM (M) 1953 of 2025 is allowed. Case Diary be returned to the learned advocate appearing for the State.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)