Calcutta High Court
CRM(M)/1908/2026 of SUBHADIP MONDAL Vs STATE OF WEST BENGAL on 28 September 2026
Court No.35. D/L. 28. Kausik (Allowed) CRM (M) 1908 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Asansol (South) Police Station Case No. 153 of 2026 dated
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28.09.2026 Court No.35. D/L. 28. Kausik (Allowed)
CRM (M) 1908 of 2026
In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Asansol (South) Police Station Case No. 153 of 2026 dated 25.04.2026 under Sections 103(1)/3(5) of the BNS, 2023.
And In the matter of : Subhadip Mondal
……Petitioner.
Mr. Milon Mukherjee, Sr. Adv.
Mr. Sagnik Mondal
……for the Petitioner.
Mr. Krishnendu Bhattacharya, Ld. APP
Ms. Priti Kar Bagchi
……for the State.
Learned advocate appearing for the petitioner submits that petitioner is in custody since 25th April, 2026. Charge sheet has already been submitted. No deadly weapons were involved in the present case and out of a scuffle which continued from a previous dispute, deceased was assaulted by 4 to 5 persons including the present petitioner when the petitioner fell down and sustained injuries.
It has been submitted that petitioner is in custody for a considerable period of time. There is no possibility of the witness action being concluded within a close proximity of time. As such, petitioner be released on bail on any stringent condition.
Learned advocate for the State opposes the prayer for bail, draws the attention of the Court to the post-mortem report as well as the statement of 2 witnesses under Section 183 of the BNSS. The statements of the eye witnesses do reflect presence of the present petitioner. However, the excess overt acts which has been assigned is against one Rabiul.
Having considered the period of detention of the present petitioner and the fact that the Memo of Evidence do not reflect that there are criminal antecedents, I am of the view further detention of the present petitioner is unwarranted.
As such, prayer for bail of the petitioner be allowed.
As such, petitioner, namely Subhadip Mondal be enlarged on bail subject to 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 Learned CJM, Asansol, Paschim Bardhaman.
If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Paschim Bardhaman without the prior permission of the learned Trial Court.
Additionally, petitioner shall meet with the Officer-in- Charge of Asansol (South) Police Station once in a week for a period of 1 year from the date of his release till the same is waived or modified by the learned Court in seisin of the case.
With the aforesaid observations CRM (M) 1908 of 2026 is allowed.
Memo of Evidence submitted 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.)