Calcutta High Court (Appellete Side)
/201 Of The Ipc vs In Re : Susanta Mondal @ Gera on 25 August, 2025
Author: Suvra Ghosh
Bench: Suvra Ghosh
22 25.08.2025
Ct.No.34
b.das
Allowed
C.R.M. (M) 754 of 2025
In Re : An application for bail under Section 483 of the BNSS,
2023 filed in connection with Netajinagar P.S. Case No. 250
of 2023 dated 06.12.2023 under Sections
120B/328/342/323/382/365/368/384/389/395/397/364A
/201 of the IPC.
And In Re : Susanta Mondal @ Gera ... Petitioner. Mr. Habibur Rahaman Mr. Archishman Singh ... for the Petitioner. Mr. Joydeep Biswas Mr. Bikram Mitra ... for the State. Mr. Anindya Bose Mr. Pintu Karar ...for the de facto complainant.
Report submitted by the State is taken on record.
Heard learned counsels for the parties.
Learned counsel for the petitioner submits that the
petitioner is in custody for more than 600 days. He is not
involved in the alleged offence. He has been exonerated by
one of the co accused who committed suicide.
Learned counsels for the State and the de facto
complainant oppose the prayer.
I have considered the material on record. Besides the
fact that the offending Innova car was recovered at the
instance of the petitioner, he does not appear to be similarly
circumstanced with the co accused whose bail prayer was
turned down by this Court earlier.
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One of the co accused who committed suicide during
pendency of investigation has implicated the other co
accused but has stated that the petitioner was not aware of
the alleged crime.
Considering the material on record and extent of
complicity of the petitioner in the alleged offence, this Court
is of the view that further detention of the petitioner is not
required and he may be released on bail subject to stringent
conditions.
Accordingly, prayer for bail is allowed.
The petitioner namely Susanta Mondal @ Gera 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
Chief Judicial Magistrate, Alipore subject to condition that
he shall remain within the jurisdiction of learned trial Court
and shall furnish the address where he shall henceforth
reside before the learned trial Court, investigating officer and
the Officer in charge of the concerned P.S under whose
jurisdiction he shall presently reside. He shall provide his
mobile number to the said authorities and shall not change
the same without prior intimation to them. The petitioner
shall appear before the learned trial Court on every date of
hearing fixed by the learned trial Court and shall not
intimidate witnesses or tamper with evidence in any manner
whatsoever.
In the event the petitioner fails to adhere to any of the
conditions as stated above 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.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
Urgent certified website copy of this order, if applied
for, be supplied to the parties upon compliance with all
requisite formalities.
(Suvra Ghosh, J.)