Aloka Mondal v. State Of West Bengal

24.11.2025

IN THE HIGH COURT AT CALCUTTA

Item No.78 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 2350 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nandakumar Police Station Case No. 195 of 2024 dated 22.03.2024 under Sections 363/366/34 of the Indian Penal Code read with Sections 9/10 of the Prohibition of Child Marriage Act (G.R. Case No. 951 of 2024). And In Re :

Aloka Mondal Patra Barman ... Petitioner.

Mr. Navanil De, Mr. Subhrajit Dey ... For the Petitioner.

Ms. Faria Hossain, APP, Mr. Subham Bhakat ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 83 days and investigation of the case has already been concluded; charge-sheet have been submitted before the jurisdictional court. It has also been contended that one Surjakanta Mal @ Surja Kanta Mal who was the principal accused, has already been released on bail by a coordinate Bench of this Hon'ble Court on 29.10.2025 in CRM(M) 1739 of 2025.

Learned advocate appearing for the State has produced the case diary and opposed the prayer for bail. I have considered the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and I am of the opinion that the locus of the present petitioner is

better placed than the person who has been granted bail on 29.10.2025. Having regard to the same, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Aloka Mondal Patra Barman 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, Tamluk, Purba Medinipur. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Purba Medinipur without the leave of the learned Trial Court in seisin of the present case.

Case diary be returned to learned advocate appearing for the State.

The application for bail, being CRM (M) 2350 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.)