Sujit Mondal @ Sadhan and Anr. Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

Sujit Mondal @ Sadhan and Anr. Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release of Sujit Mondal @ Sadhan and Sankar Mondal on bail upon furnishing bond of Rs. 20,000 each, with two sureties of Rs. 10,000 each (one of whom must be local), to the satisfaction of the learned ACJM, Basirhat. Conditions: petitioners to make themselves physically available on each and every date fixed by the learned trial court and not to leave the district of North 24 Parganas without prior intimation to the learned trial court. Pending application(s), if any, disposed of.

Issue for consideration

Whether the petitioners are entitled to be released on bail in connection with ST No. 4(7) of 2024 (arising out of Swarupnagar Police Station Case No. 514 of 2023), considering their custody of two years five months and the stage of trial (13 of 28 proposed witnesses examined). +1 more

Court's answer

The prayer for bail of the petitioners is allowed; Sujit Mondal @ Sadhan and Sankar Mondal are to be released on bail on furnishing a bond of Rs. 20,000 each with two sureties of Rs. 10,000 each (one surety local), to the satisfaction of the learned ACJM, Basirhat.

Ratio / Principle

On the charge under Section 103 of the BNSS, the locus of the present petitioners cannot be distinguished from the other persons who have been enlarged on bail in connection with the same case; the petitioners stand on parity with the co-accused already released on bail.

Detailed headnote1 paragraphs

Bail granted — Calcutta High Court (Tirthankar Ghosh, J.) allowed CRM (M) 2490 of 2025, an application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the BNSS, 2023, in ST No. 4(7) of 2024 arising out of Swarupnagar Police Station Case No. 514 of 2023 dated 16.08.2023 under Sections 447/325/326/307/302/354B/509/506/34 IPC. Petitioners Sujit Mondal @ Sadhan and Sankar Mondal, in custody for two years five months with 13 of 28 proposed witnesses examined, were held not distinguishable from the other accused already enlarged on bail in the same case so far as the charge under Section 103 of the BNSS is concerned. They were directed to be released on bail on a bond of Rs. 20,000 each with two sureties of Rs. 10,000 each (one local), to the satisfaction of the learned ACJM, Basirhat, subject to remaining physically available on every date fixed by the trial court and not leaving the district of North 24 Parganas without prior intimation to it.

17.02.2026 Serial no. 236ML

[G.S.D]

CRM (M) 2490 of 2025

In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with ST No. 4(7) of 2024 arising out of Swarupnagar Police Station Case being No. 514 of 2023 dated 16.08.2023 u/s 447/325/326/307/302/354B/509/506/34 of the IPC.

-And-

In the matter of : Sujit Mondal @ Sadhan & Anr.

Mr. Kallol Kumar Basu Md. Jannat ul Firdous Mr. Rajsekhar Hota Ms. Sonali Das Ms. Rituparna Saha

… Petitioner(s) … for the Petitioner(s)

… for the State-respondent(s)

Learned advocate for the petitioners submits that the petitioners are in custody for two years five months and out of the proposed 28 witnesses, 13 witnesses have been examined till date.

Learned advocate for the State, on the other hand, opposes the prayer for bail and submits that the vital blow was inflicted by the present petitioners.

I have taken into account the deposition which has been recorded as also the materials in the case diary.

Having considered the same, I am of the view that so far as the charges under Section 103 of the BNSS is concerned, the locus of the present petitioners cannot be

2

distinguished from the other persons who have been enlarged on bail in connection with the instant case.

Hence, the prayer for bail of the petitioners is

Allowed.

Accordingly, the petitioner viz, Sujit Mondal @ Sadhan and Sankar Mondal shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only) each , with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned ACJM, Basirhat.

If on bail, the petitioners shall also make themselves physically available on each and every date so fixed by the learned trial court and shall not leave the district of North 24 Parganas without prior intimation to the learned trial court.

Accordingly, CRM(M) 2490 of 2025 is allowed .

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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

(Tirthankar Ghosh, J.)

3