Extracted from the PDF above. The PDF is authoritative.
19.05.2025 Ct. No. 34 Item No. 17 Sws.M Allowed C.R.M. (M) 332 of 2025
In Re : An Application under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ausgram Police Station Case No. 174 of 2023 dated 05.06.2023 under Sections 302/34 of the Indian Penal Code corresponding to Sessions Case No. 193 of 2023 And
In Re : Bishnu Mondal …….petitioner
Mr. Kallol Mondal Mr. Ayanabha Raha Mr. Ranajit Ray
... For the Petitioner.
Mr. Rudradipta Nandy, ld. APP Md Kutubuddin
... For the State.
The petitioner is in custody for about two years and prays for bail.
Learned counsel for the petitioner submits that one Kesto Mete murdered the victim. The incident occurred in the house of the petitioner and it was the petitioner who informed the same to the family members of the victim. He is not connected with the murder in any manner.
Learned counsel for the State opposes the prayer and submits that the incident occurred in the house of the petitioner. The dead body was found in his house. The belt with which the victim was allegedly strangulated was also recovered from his house. I have considered the material on record.
2 Though the incident occurred in the house of the petitioner, he pirma facie does not appear to be the principal assailant. Considering the material on record and extent of complicity of the petitioner in the alleged crime, this Court is of the view that further detention of the petitioner is not required and he may be released on bail subject to stringent conditions. Accordingly, the prayer for bail is allowed. The petitioner namely Bishnu Mondal shall be released on bail upon furnishing 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 Chief Judicial Magistrate, Purba Bardhaman subject to condition that he shall remain outside the jurisdiction of Ausgram police station except for the purpose of appearing before the learned trial Court on every date of hearing. The petitioner shall furnish the address where he shall presently reside before the learned trial Court, the investigating officer and the concerned officer in charge of the police station under whose jurisdiction he shall presently reside. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever. He shall also provide his mobile phone number before the above mentioned authorities and shall not change the same without prior intimation to them. In the event the petitioner fails to adhere to any of the conditions stated hereinabove, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is disposed of. Case diary be returned.
3 All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)