Calcutta High Court (Appellete Side)
Bakul Mondal vs Unknown on 19 December, 2025
79-80.
19-12-2025 CRA (DB) 68 of 2025
(ct. no.08) CRAN 1 of 2025
S. De
266045
(Allowed) With
CRA (DB) 79 of 2025
I.A. No. CRAN 1 of 2025
In Re: Application under Section 389(1) of the Code of Criminal
Procedure, 1973 / Section 430(1) of the Bharatiya Nagarik
Suraksha Sanhita 2023.
And
Mr. Anand Keshri,
Mr. Nirupam Dhali, ...for the Applicant/Appellant
in CRA (DB) 68 of 2025
Mr. Malay Bhattacharyya, ...for the Applicant/Appellant
in CRA (DB) 79 of 2025
Mr. Ranabir Roy Chowdhury, Ld. APP,
Mrs. S. Saha, ...for the State
Dictated by Supratim Bhattacharya, J.
In re : CRAN 1 of 2025 (CRA (DB) 68 of 2025).
In the matter of : Bakul Mondal .... applicant/appellant.
1. Both the petitioners (CRA (DB) 68 of 2025 and CRA (DB) 79 of 2025) and the State have tried to serve notice of this application on the victim girl. The victim girl was repatriated to Bangladeshi being the country of her origin in 2021. The attempt to serve has failed.
2. The learned counsel representing the petitioner submits that the petitioner has been convicted for life for the offence under Section 5 of the Immoral Traffic Prevention Act read with Section 13 of the Foreigners Act. He further submits that, during cross-examination the victim has deposed that "....It is true I would not have any allegations against anyone if I would not have been apprehended by the BSF and 2 participated in the dance programme." He further submits that the petitioner is in incarceration for the last four and half years. Considering the aforesaid facts and circumstances, he seeks bail.
3. Mr. Roy Chowdhury, learned Additional Public Prosecutor representing the State, in his usual fairness, admits that the petitioner has an arguable case. There are sufficient incriminating evidence against the petitioner. The offence is of heinous nature. No leniency should be shown to the petitioner.
4. On perusal of the impugned judgment and specifically on going through the deposition of the victim girl, it transpires that the victim girl herself has deposed that she would not have any allegation against any one, if she would not have been apprehended by the BSF and participated in the dance programme. Considering this fact and also considering the fact that the petitioner is in custody for the last four and half years and there is no possibility of an early hearing of the appeal, since the Trial Court Records have not yet been received by the department as would appear from the departmental note dated December 5, 2025, we are inclined to allow this application.
5. It is thus ORDERED that the applicant/appellant namely, Bakul Mondal shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial 3 Magistrate, Ranaghat subject to the condition that the petitioner shall not leave the district North 24-parganas without the leave of the Trial Court except for the purpose of attending Court proceedings till disposal of the appeal and shall meet the Officer-in-Charge/Inspector-in-Charge of the Baduria police station once in a fortnight until further orders. He shall be personally present or shall be represented by his counsel during hearing of the appeal and he shall surrender before the Trial Court as and when called for in connection with the present appeal.
6. The department is directed to forward a copy of this order to the Superintendent of the concerned Correctional Home for immediate release of the applicant/appellant unless he is wanted in connection with any other case.
7. We clarify that the observations made by us in this order are only for the purpose of disposing of the application for suspension of sentence and the same shall have no relevance at the final hearing of the appeal.
8. The application being I.A. No. CRAN 1 of 2025 is, accordingly, disposed of.
In re : CRAN 1 of 2025 (CRA (DB) 79 of 2025).
In the matter of : Jasim Mondal .... applicant/appellant.
9. The learned counsel representing the petitioner submits that the petitioner has been convicted for life for the offence under Section 5 of the Immoral Traffic Prevention Act read with Section 13 of the Foreigners Act. He further submits that, during cross-examination the victim has deposed that "....It is 4 true I would not have any allegations against anyone if I would not have been apprehended by the BSF and participated in the dance programme." He further submits that the petitioner is in incarceration for the last four and half years. Considering the aforesaid facts and circumstances, he seeks bail.
10. Mr. Roy Chowdhury, learned Additional Public Prosecutor representing the State, in his usual fairness, admits that the petitioner has an arguable case. There are sufficient incriminating evidence against the petitioner. The offence is of heinous nature. No leniency should be shown to the petitioner.
11. On perusal of the impugned judgment and specifically on going through the deposition of the victim girl, it transpires that the victim girl herself has deposed that she would not have any allegation against any one, if she would not have been apprehended by the BSF and participated in the dance programme. Considering this fact and also considering the fact that the petitioner is in custody for the last four and half years and there is no possibility of an early hearing of the appeal, since the Trial Court Records have not yet been received by the department as would appear from the departmental note dated December 5, 2025, we are inclined to allow this application.
12. It is thus ORDERED that the applicant/appellant namely, Jasim Mondal shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand) 5 with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Ranaghat subject to the condition that the petitioner shall not leave the district North 24-parganas without the leave of the Trial Court except for the purpose of attending Court proceedings till disposal of the appeal and shall meet the Officer-in-Charge/Inspector-in-Charge of the Petrapole police station once in a fortnight until further orders. He shall be personally present or shall be represented by his counsel during hearing of the appeal and he shall surrender before the Trial Court as and when called for in connection with the present appeal.
13. The department is directed to forward a copy of this order to the Superintendent of the concerned Correctional Home for immediate release of the applicant/appellant unless he is wanted in connection with any other case.
14. We clarify that the observations made by us in this order are only for the purpose of disposing of the application for suspension of sentence and the same shall have no relevance at the final hearing of the appeal.
15. The application being I.A. No. CRAN 1 of 2025 is, accordingly, disposed of.
In re: CRA (DB) 68 of 2025 & CRA (DB) 79 of 2025
16. Let these matters be listed under the heading "To Be Mentioned" on January 6, 2026. The department shall file a fresh report before us as regards the status of the Paper Book.
6
17. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Supratim Bhattacharya, J.) (Arijit Banerjee, J.)