Research › Browse › Judgment

Supreme Court of India · body

2026 DIGILAW 198 (SC)

Akram Hossain Mondal @ Akram Mondal @ Akram Hosen Mondal v. State Of West Bengal

2026-02-19

MANMOHAN, MANOJ MISRA

body2026
ORDER : 1. Leave granted. 2. Heard learned counsel for the parties. 3. This appeal impugns order dated 25.07.2025 passed by the High Court at Calcutta rejecting the regular bail prayer of the appellant in connection with Case No. 746/2023, registered at P.S. Sankrail, District Howrah. 4. At the outset, learned counsel for the appellant submits that the High Court had rejected the first bail prayer vide order dated 16.01.2025 by observing that the trial shall be expedited and the trial court shall take all steps to conclude the trial at an early date. It is submitted that against the aforesaid order special leave petition was filed but based on the aforesaid observations, the same was withdrawn. However, till date only one witness, out of 11 prosecution witnesses, has been examined even though, by now, the appellant has suffered pending trial incarceration of a period exceeding 2 years 4 months. In that context, it has been prayed that the appellant be released on bail particularly when he has no previous criminal antecedents. 5. The learned counsel for the respondent State has opposed the prayer for bail. However, he could not dispute that till date only one witness out of 11 prosecution witnesses has been examined in trial. 6. Having regard to the nature of allegations, length of pending trial incarceration as also there being no previous criminal antecedents of the appellant, without expressing any opinion on the merit of the prosecution case, we are of the view that appellant is entitled to be released on bail pending trial. 7. Consequently, the appeal is allowed. The order passed by the High Court rejecting the regular bail prayer of the appellant is set aside. 8. The appellant shall be released on bail on such terms and conditions as the trial court may deem fit to impose in the facts and circumstances of the case. 9. Pending application(s), if any, shall stand disposed of.