Naba Kumar Dhar @ Mongal v. The State
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM/2/2025 An application for bail in connection with FIR No.126 of 2023 dated 01.08.2023, PS Pahargoan under Section 302/382 IPC, pending before the learned Sessions Judge at Port Blair being Sessions Case No. 32 of 2023. Naba Kumar Dhar @ Mongal Vs.
The State Mr. D. Ilango ... for the appellant Mr. Sumit Karmakar ... for the respondents July 07, 2025 [AKB] Item No.2 This is an application under Section 483 of BNSS 2023 for grant of the bail.
The Police of PS Pahargaon initiated the case against the petitioner on 01st of August, 2023, for the offence under Section 302 of the Indian Penal Code dated 03.08.2023. After initiation of the FIR the petitioner was arrested on 03.08.2023. On the earlier occasion, the petitioner has preferred an application for bail before this Court being CRM (DB)/1/2024, but by an order dated 02.02.2024, this Court has rejected the application for bail with the following order: "We, however, deem fit to request the learned Sessions Judge at Port Blair to expedite the trial as far as possible under the circumstances and make a sincere effort to complete the same within eight months from the date of receipt of the CFSL report. The prosecution is also directed to take immediate steps for obtaining the CFSL report failing which the petitioner will be at liberty to approach the Court".
Learned Counsel for the petitioner submits that after the order passed by this Court dated 02.02.2024, the prosecution
has able to examined only two (02) witnesses out of twenty two
(22) witnesses.
Learned Counsel for the petitioner submits that the police has also submitted supplementary charge sheet on 04.06.2025, but as per the record, it reveals that the Superintendent of Police, South Andaman District has received the report on 20.11.2024, but the supplementary charge sheet by disclosing the CFSL report is filed only in the month of June, 2025.
Learned Counsel for the petitioner submits that there is no chance that the prosecution will complete the evidence of the prosecution witness in a short span of time. He submits that the case of prosecution is based upon circumstantial evidence. He submits that no purpose will be served, if the accused is detained in the judicial custody and prays for release the accused person on bail imposing any terms and conditions.
Per-contra learned advocate appearing for the State submits that after initiation of FIR police has arrested the petitioner and during the investigation, it is found that the petitioner has committed the alleged offence, accordingly charge sheet has been filed within the statutory period of 90 days. Now, the police has also submitted CFSL report which corroborate the case of the prosecution. He submits that two witnesses have been examined and the case is at the stage of evidence and if at this stage the petitioner is allowed to go on bail there is every chance to that the petitioner will hamper and tamper the evidence.
Learned Public Prosecutor further submits that the petitioner is not the permanent resident of these Islands and if he is release on bail he will flee away from justice. Heard the learned counsels for the respective parties, perused the materials on record.
This Court finds that the case has been initiated on 01.08.2023 for the offence under Section 302 of the Indian Penal Code. After the investigation police has also submitted charge sheet under section 302/382 IPC.
It is find that the investigation is completed and the case is at the stage of trial. For the last more than one and half years the prosecution has examined only two witnesses out of 22 witnesses.
This Court by an Order dated 02.02.2024 has rejected the application for bail only with the view that the prosecution will proceed the matter and will examine the witnesses as early as possible and this Court has granted eight months to the prosecution for examination of the witnesses, but this Court find that from 02.02.2024 to till date only two witnesses were examined out of twenty two witnesses.
Considering the above, this Court find that the petitioner is in custody since 03.08.2023 and as on date only two witnesses have been examined and there is no chance that the prosecution has complete the trial within a short span of time. Accordingly, this Court finds that this is a fit case wherein the petitioner can be enlarged on bail subject to certain conditions.
The petitioner shall be released on bail by furnishing bond of Rs.10,000/- (Rupees ten thousand only) with two
sureties, one surety must be local with the satisfaction of learned Chief Judicial Magistrate at Port Blair. If on bail he shall appear before the Station House Officer, PS Pahargoan on every alternative day and he shall appear before the learned Trial Court on each and every date of hearing without fail and he shall not leave these Islands without the prior permission of learned Trial Court.
CRM/2/2025 is disposed of.
( Krishna Rao, J. )