Calcutta High Court
CRM(M)/1946/2026 of BISHU MONDAL @ BISHU MANDAL AND ANR. Vs STATE OF WEST BENGAL on 28 September 2026
no. 51 [G.S.Das] Assistant Registrar (Court) CRM (M) 1946 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Kaliachak PS Case no. 287 of 2026 dated 27.02.2026 u/s 126(2)/118(2)/103(1)/3(5) of the
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28.09.2026 Serial no. 51 [G.S.Das] Assistant Registrar (Court)
CRM (M) 1946 of 2026
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Kaliachak PS Case no. 287 of 2026 dated 27.02.2026 u/s 126(2)/118(2)/103(1)/3(5) of the BNS
-And-
In the matter of : Bishu Mondal @ Bisu Mandal &Anr.
… Petitioner(s)
Mr. Sanat Kr. Das Mr. Sujan Chatterjee Mr. Rohan Bavishi
… for the Petitioner(s) Ms. R.V. Kundalia Mr. Anirban Kumar Banerjee
… for the State-respondent(s) Mr. Imdadul Hoque
… for the defacto-complainant
Petitioners pray for bail on the ground that the genesis of the case relates to a dispute which arose after the petitioner no.1’s daughter was raped by the deceased. Such fact was taken into account by a Co-ordinate Bench and the Anticipatory Bail was granted to some of the accused persons. The petitioners are in custody for about seven months, charge-sheet has been submitted and there is no possibility of the trial being concluded very soon. State opposes the prayer for bail and draws the attention of the court to the statement of the witnesses including the statement under 164 of one of the witnesses namely Sanjib Kr. Mondal.
Learned advocate for the defato-complainant also opposes the prayer for bail. I have taken into account the statement of Sanjib Kr. Mondal and prima facie I am of the view that the foundational facts and/or the counter-blast narration which has been stated by the petitioner have some force. Having considered the background of the present case and the fact that the present petitioners do not have any other antecedent, I am inclined to release the petitioners on bail. Hence, the prayer for bail of the petitioners is Allowed. Accordingly, the petitioners viz, Bishu Mondal @ Bisu Mandal and Joydeb Mondal @ Joydeb Mandal shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned CJM, Malda. If on bail, the petitioners shall also make themselves physically available on each and every date so fixed by the learned trial court and shall not leave the district of Malda without prior permission of the learned CJM, Malda. Additionally, the petitioner shall not enter the jurisdiction of Kaliachak police station till the evidence of the vulnerable witnesses is over.
Accordingly, CRM (M) 1946 of 2026 is allowed. Pending application(s), if any, is also disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)