Calcutta High CourtCRM(M)/2247/2025allowed

Biswanath Mondal @ Biswanath Mandal @ Bishu v. State Of West Bengal

2025-11-11Hon'Ble Justice Tirthankar Ghosh3 pages

11.11.2025

IN THE HIGH COURT AT CALCUTTA

Item No.19 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 2247 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Hariharpara Police Station Case No. 741 of 2024 dated 20.10.2024 under Sections 105/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 5551 of 2024). And In Re :

Biswanath Mondal @ Biswanath Mandal @ Bishu ... Petitioner.

Mr. Ankan Das, Ms. Shradhya Ghosh ... For the Petitioner.

Mr. Bitasok Banerjee, Mr. Dipankar Paramanick ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since 21.10.2024, chargesheet has already been submitted before the jurisdictional court and the prosecution in the charge-sheet has relied upon 18 witnesses in order to prove its case. Learned advocate submits that the documents, on which the prosecution wants to rely upon, have already been supplied. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the relevant pages in the case diary including the statements of the witnesses as also the post mortem report.

I have taken into account the overall circumstances including the factum that the present case is drawn up under Sections 105/3(5) of Bharatiya Nyaya Sanhita, 2023. Having considered the submissions of both the parties, I am of the opinion that further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Biswanath Mondal @ Biswanath Mandal @ Bishu shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Berhampore, Murshidabad.

If on bail, the petitioner shall meet with the Officer-inCharge, Hariharpara Police Station once in a week till the stage of consideration of charges is over.

The petitioner shall also be physically present on each and every date so fixed by the committing court or the trial court.

In case there is violation of any condition, the court in seisin of the present case would be at liberty to cancel the bail of the petitioner without further reference to this Court. Case diary be returned to learned advocate appearing for the State.

The application for bail, being CRM (M) 2247 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)