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2025 DAILYLAW 50766 (CAL)

MANGAL MONDAL v. STATE OF WEST BENGAL

CRM (DB)/65/2025 · 2025-02-27

Apurba Sinha Ray, Arijit Banerjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

43. 27-02-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 65 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Anandapur Police Station Case No.3 of 2022 dated 09-01-2022 under Sections 302/34 of the Indian Penal Code. - A n d - In the matter of : Mangal Mondal .... Petitioner. Mr. Rajdeep Mazumdar, Sr. Adv., Ms. Arushi Ralthore, Mr. Subhajit Chowdhury … For the Petitioner. Mr. Sandip Chakrabarty, Mr. Ronit Mukherjee … For the State. Mr. Angshuman Chakraborty, Mr. Shashankha Shekhar Saha … For the defacto complainant. Dictated by Arijit Banerjee, J. 1. Status report filed by the State is taken on record. From the report, we find that 8 out of 24 charge sheet named witnesses have been examined till date. The prosecution proposes to examine 15 more witnesses. This means that early conclusion of the trial is a far cry. 2. The petitioner is in custody for over 3 years 1 month. We also see that there is no delay in the trial which can be attributed to this petitioner. 3. We have often said that the prosecution may have the strongest possible case to secure an accused person’s conviction. But that will not justify indefinite detention of 2 that person in judicial custody without taking the trial to its logical conclusion within a reasonable period of time. 4. Hence, without touching the merits of the case and solely on the touchstone of Article 21 of the Constitution of India, we feel constrained to allow the petitioner’s prayer for bail. 5. Accordingly, we direct that the petitioner, namely, Mangal Mondal, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Alipore. The petitioner shall appear before the trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not also commit any cognizable offence in any manner whatsoever. The petitioner shall not enter the jurisdiction of Anandapur Police Station except for the purpose of attending the court proceedings. The petitioner shall, through his learned advocate, inform the learned trial Court, Anandapur Police Station and the jurisdictional police station under whose jurisdiction he shall be residing while on bail his current local address and shall appear before the Officer-in- Charge/Inspector-in-Charge of the said jurisdictional police station once in every week, until further orders. 6. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 7. The application for bail is, thus, allowed. 8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 3 9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)