Calcutta High Court (Appellete Side)
Penal Code vs In Re : Palash Mondal & Anr on 25 August, 2025
Author: Suvra Ghosh
Bench: Suvra Ghosh
August 25, 2025
40 ARDR
(Allowed)
CRM (M) 1108 of 2025
In Re : An Application for bail under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 filed in connection with
Berhampore Police Station Case No. 992 of 2023 dated
20/7/2023 under Sections 341/376(D)/379/506/34 of the Indian
Penal Code
And
In Re : Palash Mondal & anr.
… Petitioners.
Adv. Sabir Ahmed,
Adv. Tasnim Ahamed,
Adv. Dhiman Banerjee,
… for the petitioners.
Adv. Mazhar Hossein,
Adv. Chandrima Debnath,
Adv. Sk. Qareeb,
Adv. Sahin Sultana,
…for the de facto complainant.
Adv. Sanjay Bardhan,
Adv. Rituparna Saha,
… for the State.
The petitioners seek parity with the co-accused who has been
granted bail by this Court earlier.
Learned counsels for the State and the defacto complainant
oppose the prayer and submit that the custody of the petitioner is
eight months shorter than that of the co-accused on bail. Trial of
the case has progressed satisfactorily and three witnesses are left to
be examined.
I have considered the material on record. The earlier order
granting bail to one of the co-accused records contradictions in the
statements of the victim lady under Section 164 of the Code of
Criminal Procedure and her examination in Court. The petitioners
appear to be similarly circumstanced with the co-accused on bail
and deserve the same benefit.
Accordingly, the prayer for bail is allowed.
2
The petitioners namely Palash Mondal and Sambhu Das be
released on bail upon furnishing bond of Rs.50,000/- (Rupees fifty
Thousand only) each, with two sureties of like amount each, one of
whom must be local, to the satisfaction of the learned Chief
Judicial Magistrate, Berhampore, Murshidabad, subject to the
condition that they shall remain outside the jurisdiction of
Berhampore Police Station Court and shall furnish the address
where they shall presently reside before the learned trial Court,
Investigating Officer and the Officer in charge of the concerned
police station under whose jurisdiction they shall henceforth
reside. They 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 petitioners fail to adhere to any of the
conditions stated above, the learned trial Court shall be at liberty
to cancel their bail in accordance with law without further
reference to this Court.
The application for bail is 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.)