Calcutta High Court (Appellete Side)
Bhuttu Mondal @ Manir Mondal vs Unknown on 23 February, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
23.02.2026
Court No.35.
D/L.71
Rakib
(Allowed)
CRM (M) 303 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 Hili Police
Station case no. 134 of 2025 dated 04.06.2025 under Sections
336(3)/340(2)/341(1)/318(4) of the Bharatiya Nyaya Sanhita, 2023
read with Section 14A(b) of the Foreigners Act.
And
In the matter of : Bhuttu Mondal @ Manir Mondal.
……Petitioner.
Mr. Bibaswan Bhattacharya
Mr. Abhik Sen
Mr. P. Roy
……for the Petitioner.
Mr. Anand Keshri
Mr. Rahul Ganguly
……for the State.
Learned advocate appearing for the petitioner submits that
the petitioner is in custody for eight months and on the basis of
source information he has been detained in custody.
Mr. Keshri, learned advocate appearing for the State opposes
the prayer for bail and submits that the petitioner has impersonated
others and there are documents collected by the investigating
agency to show that the person who has been shown to be his father
has expired long ago. There are other materials which show that the
name which has been used for obtaining the documents are also
questionable.
Be that as it may, these are subject matter of proof in course
of the trial, so far as the allegations of Foreigners Act is concerned, I
do not find any document in custody that petitioner is belonging to
a foreign country, neither he was intercepted at any of the places
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from which it is expected a person has misrepresented as a
foreigner.
Taking into account the totality of the circumstances, I am of
the view that further detention of the petitioner is unwarranted. As
such, the prayer for bail of the petitioner is allowed.
Accordingly, petitioner namely, Bhuttu Mondal @ Manir
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 Chief Judicial Magistrate,
Balurghat, Dakshin Dinajpur.
If on bail, the petitioner shall be physically present on each
and every date before the learned trial Court in seisin of the case
and petitioner shall meet with the Inspector-in-Charge of Hili Police
Station once a week till the same is modified by the learned trial
Court.
The observations made hereinabove is for the limited
purpose of consideration of the bail application and will not be
assessed as a part of the merits in course of the trial of the case.
Accordingly, the prayer for bail in CRM (M) 303 of 2026 is
allowed.
All parties shall act in terms of server copy of the order
downloaded from the official website of this Court.
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Urgent photostat certified copy of this order, if applied for, be
supplied to the parties upon compliance with all requisite
formalities.
(Tirthankar Ghosh, J.)
