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2026 DAILYLAW 33237 (CAL)

BIRENDRA NATH MONDAL v. STATE OF WEST BENGAL

CRM(M)/1092/2026 · 2026-08-20

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.32 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (M) 1092 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Haringhata Police Station Case No. 0344 of 2025 under Sections 103(1)/318(2)/ 336(2)/338/340(2) of the Bharatiya Nyaya Sanhita, 2023. And In Re : Birendra Nath Mondal ... Petitioner. Mr. Arnab Mukherjee, Mr. Hiranmoy Debnath, Mr. Aniket Bhowmick ... For the Petitioner. Mr. Goutam Dey ... For the State. Learned advocate appearing for the petitioner has drawn the attention of this Court to the evidence of PW-1. Petitioner do not have the requisite qualification to carry out gynaecological operation, in spite of that he was pursuing delivery of a baby. Learned advocate submits that there were subsequent complications for which the petitioner cannot be held responsible. Be that as it may, petitioner was professionally discharging his duties representing himself to be having requisite qualification and took the risk of the gynaecological operation. So far as subsequent advice for getting admitted in a nursing home is concerned, the same has nothing to do with the conduct of the present petitioner. Learned advocate appearing for the State opposes the prayer for bail and produces the case diary. 2 Records of the case reflect that four witnesses have been examined. Prosecution will expedite the process of trial. At this stage, I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 1092 of 2026, is, thus, dismissed. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)