Mohitosh Kumar Mondal v. State Of West Bengal

08.12.2025 Serial no. 37 [Srimanta] (Bail allowed) CRM (M) 2582 of 2025 In re : An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hanskhali Police Station Case No. 563 of 2025 dated 25.07.2025 under Sections 126(2)/117(2)/118(2)/109(1) of the Bharatiya Nyay Sanhita, 2023 corresponding to S.C. Case No. 01(09)2025 now pending before the Learned Additional District and Sessions Judge, Ranaghat, Nadia.

-AndIn the matter of : MOHITOSH KUMAR MONDAL ... ... Petitioner Mr. Prabir Majumder, Mr. Snehansu Majumder, Mr. Debraj Shil, Ms. Anindita Kundu, Mr. Debangshu Majumder, Ms. Sangeeta Chakraborty., Advocates ... ... For the Petitioner Mr. Bidyut Kumar Roy, Ms. Puspita Saha, Advocates ... ...For the State Leave is granted to the Learned Advocate for the petitioner to amend the cause title.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody of 135 days and he is aged about 70 years. There was dispute between the petitioner and the injured, consequent to which the petitioner allegedly assaulted the injured. Resultantly the present case has been initiated wherein charge-sheet has been submitted under Sections 118(2) and 109(1) of the BNS amongst other sections.

Learned Advocate for the State opposes the prayer for bail and draws the attention of this Court to the injury report.

On an assessment of the injury report I am of the view that the charges alleged are, prima facie, substantiated. However, having regard to the period of detention of the present petitioner I am of the view that further custodial detention is unwarranted. Accordingly, prayer for bail of the petitioner is allowed. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the Learned ACJM, Ranaghat.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Court in seisin of the case including the learned Trial Court and shall not leave the jurisdiction of Nadia District without prior intimation to the Learned Trial Court and/or the Learned ACJM, Ranaghat.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM(M)/2582/2025 is disposed of.

Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)