Mahatab Mondal v. State Of West Bengal

05.06.2026.

Item No. 19.

pk/ap (Allowed) C.R.M. (M) 2758 of 2025 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, filed on 11.12.2025 in connection with Thanarpara Police Station Case No. 67 of 2024 dated 16.03.2024 under Sections 302/34 of the Indian Penal Code.

And In the matter of: Mahatab Mondal

...Petitioner

Mr. Jaydeep Biswas, Mr. Moyuk Mukherjee, Mr. Amanul Islam, Mr. Sourav Mukherjee, Mr. Kaushik Ghosh ...For the petitioner Mr. Brajesh Jha, Ms. Rajesh Kumar Shah ....For the State

1. Heard the submissions of the learned advocates appearing for the parties.

2. Prayer has been made on behalf of the petitioner on the ground of parity with the other co-accused, whose names were taken while recording the statements of the witnesses and also that those named accused persons are already enlarged on bail by a Co-ordinate Bench of this Court in CRM(M) 1863 of 2025.

3. The prosecution raises objection to the prayer for bail of the present petitioner.

4. Going through the materials on record as well as the orders passed by a Co-ordinate Bench of this Court whereby co-accused persons named specifically in the statements recording under Section 183 of the BNSS, 2023, this Court is of the view that the present petitioner is similarly circumstanced with said accused persons/petitioners, who

are now enjoying the bail. This Court is inclined to allow the prayer for bail in his favour.

5. The petitioner, namely, Mahatab Mondal be released on bail upon furnishing a 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 Additional Chief Judicial Magistrate, Tehatta, Nadia.

6. If on bail, the petitioner shall stay outside the jurisdiction of learned Additional Chief Judicial Magistrate, Tehatta except for the purposes of attending the court. The petitioner shall also inform the address to the learned Additional Chief Judicial Magistrate, Tehatta as also to the Inspector-in-Charge, Tehatta Police Station.

7. The learned Additional Chief Judicial Magistrate, Tehatta or the learned Trial Court would, if it feels necessary, impose other conditions as it deems fit and proper.

8. In the event the petitioner fails to adhere to any of the conditions stated above without any justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

9. The application for bail is disposed of.

10. Case diary be returned.

11. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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

(Chaitali Chatterjee (Das), J.)