Abdul Latib @ Mithun Vs State of West Bengal — Bail and Remand | Calcutta HC (2025)

Abdul Latib @ Mithun Vs State of West Bengal — Bail and Remand | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Prayer for bail allowed. Petitioner Abdul Latib @ Mithun to be released on bail upon furnishing a 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 Additional Chief Judicial Magistrate, Jangipur, Murshidabad, subject to appearing before the learned trial Court on every date of hearing and not intimidating witnesses or tampering with evidence; on failure to appear without justifiable cause the trial Court may cancel his bail in accordance with law without further reference to this Court. Application disposed of; case diary to be returned.

Issue for consideration

Whether the petitioner, in custody for about seven months in Raghunathganj Police Station Case No. 1549 of 2024 (BNS 2023 Sections 329(4)/117(2)/118(2)/109) and against whom the charge sheet has been submitted, should be released on bail invoked under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

The Court weighed the material on record, the petitioner's detention of about seven months, and the submission of the charge sheet in deciding the bail question.

Ratio / Principle

Further detention of the petitioner was held not to be required and he was found fit to be granted bail.

Key takeaways

On the unanimous account of witnesses that the petitioner pushed the victim during a hot altercation causing him to fall, sustain severe injuries and later succumb, the incident was found prima facie to be the outcome of an altercation between the parties.ratio¶9

Detailed headnote1 paragraphs

Bail granted — Abdul Latib @ Mithun, C.R.M. (DB) 693 of 2025, decided 22.04.2025 (Suvra Ghosh, J.). Application under S. 439 of the Code of Criminal Procedure read with S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for release of the petitioner arrested in Raghunathganj Police Station Case No. 1549 of 2024 dated 30.11.2024 under Ss. 329(4)/117(2)/118(2)/109 of the Bharatiya Nyaya Sanhita, 2023. Petitioner in custody about seven months; charge sheet submitted. Witnesses uniformly stated that during a hot altercation over a due of Rs.15,000/- the petitioner pushed the victim, who fell, sustained severe injuries and later succumbed; the Court found the incident prima facie the outcome of an altercation. Considering the material on record, the period of detention and the submission of the charge sheet, the Court held further detention unnecessary and allowed bail on a bond of Rs.10,000/- with two like sureties (one local) before the learned Additional Chief Judicial Magistrate, Jangipur, Murshidabad, conditioned on attendance on every hearing date and non-tampering with evidence/witnesses, with liberty to the trial Court to cancel bail on unjustified absence.

22.04.2025 Item No.24 Ct.No.34 rc. Allowed

C.R.M. (DB) 693 of 2025

In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raghunathganj Police Station Case No. 1549 of 2024 dated 30.11.2024 under Sections 329(4)/117(2)/118(2)/109 of the Bharatiya Nyaya Sanhita, 2023. And In Re : Abdul Latib @ Mithun ... Petitioner Mr. Milon Mukherjee Mr. Usof Ali Dewan Mr. Asif Dewan ... for the Petitioner Mr. Zareen Nasima Khan Mr. Tirthankar Dhali ... For the State Mr. Imtiaz Ahmed Mrs. Ghazala Firdaus Mr. Mofakkerul Islam Mr. Sk. Saidullah Mr. Mithun Mondal Mr. Md. Arsalan …for the defacto complainant

Heard learned counsels for the parties.

The petitioner is in custody for about seven months and prays for bail.

Learned counsel for the petitioner submits that during hot altercation between the petitioner and the victim for a due of Rs.15000/-, the victim was pushed by the petitioner and fell and sustained injuries. He subsequently succumbed to the injuries. Charge sheet is submitted. His further detention is not required.

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Learned counsels for the State and the defacto complainant oppose the prayer for bail.

It appears that the witnesses unanimously stated that during hot altercation between the petitioner and the victim, the petitioner pushed the victim as a result of which the victim fell on the ground and sustained severe injuries. He was hospitalized and succumbed to his injuries later on. The incident prima facie appears to be an outcome of an altercation between the parties.

Considering the material on record as well as period of detention of the petitioner and also since charge sheet has been submitted, this Court is of the view that further detention of the petitioner is not required and he may be granted bail.

Accordingly prayer for bail of the petitioner is allowed.

The petitioner Abdul Latib @ Mithun, 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 Additional Chief Judicial Magistrate, Jangipur, Murshidabad subject to condition that the petitioner shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the

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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, thus, disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)