Manoj Mondal Vs the State of West Bengal — Bail and Remand | Calcutta HC (2025)

Manoj Mondal Vs the State of West Bengal — Bail and Remand | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Bail granted: release on furnishing a bond of Rs.10,000 with two sureties of like amount each (one local) to the satisfaction of the learned Additional Sessions Judge, 2nd Court, Lalbagh, Murshidabad, subject to conditions of appearance before the trial Court and non-intimidation of witnesses / non-tampering with evidence; trial Court free to cancel bail on breach.

Issue for consideration

Whether the petitioner, an accused in Jiaganj Police Station Case No. 171/2023 under Sections 448/450/302/201/506/34 IPC, is entitled to bail under Section 439 CrPC / Section 483 BNSS on the claim of parity with a co-accused already enlarged on bail by a co-ordinate bench.

Court's answer

The State did not dispute the petitioner's claim of parity with the co-accused enlarged on bail by a co-ordinate bench on January 8, 2025 in CRM (DB) 3201 of 2024; on that parity, the Court extended the same facility to the petitioner.

Ratio / Principle

The petitioner Manoj Mondal is to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 2nd Court, Lalbagh, Murshidabad.

Key takeaways

The petitioner shall appear before the trial Court on each and every date of substantive hearing, subject to Section 317 CrPC / Section 355 BNSS.ratio¶15
The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.ratio¶15
If the petitioner fails to comply with the bail conditions, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.ratio

Detailed headnote1 paragraphs

Calcutta High Court, Criminal Miscellaneous Jurisdiction (Debangsu Basak and Md. Shabbar Rashidi, JJ.), by order dated 19.02.2025 in CRM (DB) 3960 of 2024, allowed an application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for bail filed by Manoj Mondal, an accused in Jiaganj Police Station Case No. 171/2023 dated 08.07.2023 under Sections 448/450/302/201/506/34 of the IPC, 1860. The claim of parity with a co-accused enlarged on bail by a co-ordinate bench on January 8, 2025 in CRM (DB) 3201 of 2024 was not disputed by the State; the Court extended the same facility and directed release on a bond of Rs.10,000 with two sureties of like amount each (one of whom must be local) to the satisfaction of the learned Additional Sessions Judge, 2nd Court, Lalbagh, Murshidabad, with conditions that the petitioner appear on each and every date of substantive hearing (Section 317 CrPC / Section 355 BNSS) and not intimidate witnesses or tamper with evidence; the trial Court was left at liberty to cancel the bail for breach without further reference.

24. 19.02.2025. Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION

CRM (DB) 3960 of 2024

In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Jiaganj Police Station Case No. 171/2023 dated 08.07.2023 under Sections 448/450/302/201/506/34 of the IPC, 1860.

And

In the matter of: - Manoj Mondal. Mr. Sekhar Basu, Sr. Adv., Ms. Diptangsu Basu, Ms. Arusi Rathode, Ms. Suchismita Dutta, Ms. Pranidhi Singh

…petitioner.

…for the petitioner.

Ms. Faria Hossain, Ld. A.P.P., Ms. Sanjida Sultana

...for the State.

Claim of parity with the co-accused who was enlarged on bail by a co-ordinate bench on January 8, 2025 passed in CRM (DB) 3201 of 2024 is not being disputed on behalf of the State.

In such circumstances, we extend the same facility to the petitioner.

Accordingly, we direct that the petitioner, namely, Manoj 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 Additional Sessions Judge, 2^nd Court, Lalbagh, Murshidabad . The

2

petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

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.

The application for bail being CRM (DB) 3960 of 2024 is, thus, disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)