CRM(M)/1905/2026 of SURAJIT MONDAL Vs STATE OF WEST BENGAL on 28 September 2026

28.09.2026 Court No.35. D/L.26. Rakib (Allowed)

CRM (M) 1905 of 2026

In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hogolberia Police Station case no. 272 of 2025 dated 08.09.2025 under Sections 103 of the Bharatiya Nayaya Sanhita, 2023.

And In the matter of : Surajit Mondal

……Petitioner. Mr. Satadru Lahiri Mr. Asraf Mondal

.....for the Petitioner. Mr. Pritam Roy Mr. Malay Dhar

……for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for more than a year, only charges have been framed till date and prosecution has relied upon 27 witnesses in order to prove its case. As such, further detention of the present petitioner is unwarranted. Learned advocate appearing for the State has opposed the prayer for bail and submitted that in a pre-planned manner the deceased was poison to death by the present petitioner. I have taken into account the evidence of the witnesses whom the prosecution intends to rely upon. However, the prosecution witnesses have not spoken in the same tune, two of the witnesses being CSW9 and CSW 10 in their statement under Section 180 of the BNSS have narrated the incident in a manner which speaks for itself.

2 Having regard to the period of detention, the time which will be consumed to take the trial to its logical conclusion and the fact that after four days of the incident the deceased succumbed to death, including the statement of the aforesaid witnesses, I am inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner is allowed. As such, the petitioner, namely, Surajit Mondal shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Tehatta, Nadia. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Nadia without prior permission of the learned Trial Court. Thus, CRM (M) No. 1905 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)