Uttam Mondal v. State Of West Bengal

13.02.2025 SL-50 (Item No.98 of the Daily List Dt.12.02.2025) (Bail allowed ) CRM (DB) 3795 of 2024 (AD) 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 in connection with Lalgola Police Station Case No.118 of 2024 dated 17.02.2024 under Sections 147/148/149/448/326/307/380/445/427/34 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act, which is pending before the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad corresponding to G.R. Case No.550/2024.

-AndIn the matter of : Uttam Mondal ... ... Petitioner Mr. Jisan Iqbal Hossain, Advocate ...for the petitioner Mr. Prasun Kumar Dutta, Ld. APP Ms. Nandini Chatterjee, Advocate ...for the State

1. Petitioner renews the prayer for grant of bail on the plea of trial not commencing and the period of custody.

2. Petitioner is in custody in excess of nine months.

3. Charges are yet to be framed.

4. Two persons received bomb blast injuries.

5. One injured apparently lost the left eye while the other suffered bone leg fracture.

6.

Considering the period of custody of the petitioner, the nature of the offence and the involvement of the petitioner therein and the likelihood of the trial not ending any time soon, we grant bail to the petitioner.

Signed By :

ABHIJIT DAS High Court of Calcutta 14 th of February 2025 01:33:23 PM

7.

Accordingly, we direct that the petitioner, namely, Uttam Mondal, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad, subject to conditions that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not enter into the local police station save and except for the trial. 8.

In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.

9.

Accordingly, the prayer for bail of the petitioner is allowed.

10. CRM (DB) 3795 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 14 th of February 2025 01:33:23 PM