CRM(M)/2346/2026 of RAJESH MAHATO @ KUTUM Vs STATE OF WEST BENGAL on 8 October 2026

1. Learned counsel for the petitioner has submitted that the petitioner is in custody for 99 days. Statutory period is over for filing the charge-sheet but in spite of expiry of the statutory period for filing charge-sheet, no charge-sheet is submitted against the present petitioner and the learned Trial Court did not grant the petitioner statutory bail since the matter is pending before this Court.

2. Learned counsel for the State opposes the prayer for bail on the ground that the victim is a practicing advocate in Asansol Court and the injury was caused with butt of a revolver. The incident happened in the chamber of the said advocate.

3. Mr. Apurba Kumar Datta, learned advocate for the petitioner submits that the matter has already been compromised between the de facto complainant and the accused. However, learned counsel for the State submits that she has no such instructions.

4. It is very much unfortunate that one learned counsel was beaten up in his chamber. This shows the tremendous audacity of the present petitioner, however, it is further unfortunate to note that the concerned Investigating Officer has failed to submit any charge-sheet or any report in the final form in spite of expiry of statutory period.

5. As statutory period is over, I have no other option but to grant statutory bail to the petitioner.

6. Accordingly, the application for bail of the petitioner, namely, Rajesh Mahato @ Kutum is allowed.

7. I direct the petitioner will 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 a local, to the satisfaction of the learned CJM, Paschim Bardhaman. The petitioner shall appear before the trial court on each and every day 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.

8. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

9. The Chairman, Bar Council of West Bengal is to make an enquiry as to the alleged attack upon the learned counsel of the Asansol Court and submit a report before the learned Registrar General of the High Court at Calcutta after the ensuing Puja Vacation, 2026.

10. Department is directed to do the needful.

11. Thus, the application for bail being C.R.M. (M) 2346 of 2026 stands disposed of.

12. All parties shall act on the server copy of this order duly downloaded from the official website of this Hon’ble Court.

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

(Apurba Sinha Ray, J.)