Calcutta High Court (Appellete Side)
Amit Mondal vs Unknown on 2 March, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
02.03.2026 Court No.35.
D/L. 11.
Kausik (Allowed) CRM (M) 301 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 Tamluk Police Station Case No. 37 of 2026 dated 15.01.2026 under sections 152/197/196/212/217/236/343/353(2)/61/31 of the Bharatiya Nyaya Sanhita and under section 31 of the Representation of the People Act, 1950.
And In the matter of : Amit Mondal ......Petitioner.
Mr. Sourav Chatterjee, Sr. Adv.
Mr. Soumya Nag Mr. Aditya Tiwari ......for the Petitioner.
Mr. Kalyan Bandopadhyay, Sr. Adv.
Mr. Debasish Roy, Ld. PP Mr. Rudradipta Nandy, Ld. APP Mr. Arka Kumar Nag, Jr. Govt. Adv.
Mr. Bitosok Banerjee Ms. Suchismita Dutta ......for the State.
Learned advocate appearing for the petitioner submits that the petitioner was arrested on 19.01.2026 and since then he is in custody. Petitioner was in police custody for 8 days and thereafter he has been remanded to judicial custody.
Learned advocate additionally submits that the sections which have been applied by the investigating agency do not touch the root of this case as the basic allegation against the present petitioner is that petitioner not being an elector of Part No. 242 within the jurisdiction of 203 Tamluk Assembly 2 Constituency, made an application in respect of about 340 persons or more for deletion of their names. The investigation of the said case, on the basis of complaint of one Mirja Asfak Ali Beg, has commenced. The investigation is going on. There are some other persons also who are involved and are being interrogated by the Investigating Officer of the case.
Mr. Bandopadhyay, learned Senior Advocate appearing on behalf of the State takes exception to the manner in which the present petitioner has conducted himself in a vindicated manner thereby targeting a particular set of individuals.
On 19.02.2026 when the application was taken up. It was informed to this Court that the publication by the Chief Electoral Officer would be made on 28.02.2026. The said publication has already been made. However, certain other attending processes are still continuing.
Having considered that the petitioner is already in custody for about 43 days and the investigation in respect of the voluminous documents would take some time, on certain stringent condition, I am inclined to release the petitioner on bail.
Accordingly, Petitioner, namely, Amit Mondal shall furnish 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, Tamluk, Purba Medinipur.
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If on bail, the petitioner shall once in a week meet with the Investigating Officer of the case, as also as and when required by the Investigating Officer of the case concerned till further orders of this Court. Petitioner shall not enter within the jurisdiction of Tamluk Assembly Constituency without the permission of Learned CJM, Tamluk, Purba Medinipur.
Petitioner shall inform his place of residence prior to his release on bail and would furnish such address both to the Investigating Officer of the case as well as the learned CJM, Tamluk, so that in respect of the investigation if he is required he may be immediately communicated by the Investigating Officer concerned. If the learned CJM, Tamluk intends to impose any other condition it would be the discretion of the learned Court for the purposes of creating convenience to the investigation and for future attendance before the Court concerned.
If the petitioner intends to cast his vote on the date of election, in that case, he will intimate the Investigating Officer and enter the jurisdiction.
Accordingly, CRM (M) 301 of 2026 is allowed. 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.)