Calcutta High Court (Appellete Side)
Habibul Gazi @ Habib Mondal vs The State Of West Bengal on 22 July, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
D/L 220 C.R.M. (M) 1366 of 2026 22.07.2026
Bpg.
In Re: An application for bail under Section 439 of the Code of Criminal
Procedure, 1973/ read with Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 filed in connection with S.T. Case No.1(10) of
2023 arising out of S.C. No.368 of 2023 under Sections
302/201/120B/34 of the Indian Penal Code and charge-sheet submitted
under Section 302/201/120B/34 of the Indian Penal Code arising out of
Ashoknagar Police Station Case No.198 of 2023 dated 25.03.2023 under
Section 363/365/120B of the Indian Penal Code;
Habibul Gazi @ Habib Mondal
Versus
The State of West Bengal
Mr. Ashok Kumar Chowdhury.
…for the petitioner.
Mr. Ramashis Mukherjee
Mr. Utsav Dutta.
…for the State.
Learned advocate appearing for the petitioner submits
that the petitioner is in custody for 3 years 4 months. Out of 29
witnesses cited by the prosecution, only 2 witnesses have been
examined. There are no eyewitnesses to the incident and the victim
and the principal accused were staying separately for 15 years.
Learned advocate for the State opposes the prayer for
bail.
I have taken into account the grounds of delay. However,
delay cannot be attributed to the accused persons as the reasons
which have been given in the report was the regular P.O. was
transferred and due to resolution of the local bar the case could not
proceed.
Having considered the period which has already expired
2
and only two witnesses having been examined till date and the
prosecution intends to examine 27 more witnesses along with the
factum that the case is based on circumstantial evidence, without
entering into the merits of the case, I am inclined to release the
petitioner on bail.
Accordingly, the prayer for bail of the petitioner is
allowed. The petitioner, namely, Habibul Gazi @ Habib Mondal shall
be released on bail upon furnishing bond of Rs.20,000/- (Rupees
Twenty Thousand only) with two sureties of Rs.10,000/- each, one
of whom must be local to the satisfaction of the learned CJM,
Barasat, 24 Parganas (North). If on bail, the petitioner shall be
physically present on each and every date before the learned trial
court and shall not leave the district of 24 Parganas (North) without
prior permission of the learned special court.
Thus, CRM(M)1366 of 2026 is allowed.
Memo of Evidence submitted by the State be kept with
the record.
All parties shall act on the server copy of this order duly
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 of all requisite
formalities.
(Tirthankar Ghosh, J.)
