Uttam Ram v. State Of West Bengal And ANR
May 14, 2025 56 ARDR (Allowed) CRM (M) 312 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Panchasayar Police Station Case No. 101 of 2019 dated 12/11/2019 under Sections 376D/366/323 of the Indian Penal Code.
And In Re :
Uttam Ram ... Petitioner.
Adv. Sabir Ahmed, Adv. Abdul Aziz Mondal, ... for the petitioner.
Adv. Baishali Basu, Adv. Manoranjan Mahata, ... for the State.
Affidavit of service filed on behalf of the petitioner is taken on record.
The victim is not represented despite service. The petitioner is in custody for more than 5 years and 6 months and prays for bail primarily on the ground of his prolonged detention.
Learned counsel for the State opposes the prayer. It appears that out of 68 witnesses, 4 witnesses have been examined and the prosecution proposes to examine 40 more witnesses. There is a little possibility of completion of trial in near future.
Upon consideration of the period of incarceration of the petitioner and little chance of immediate conclusion of trial, prayer for bail is allowed solely on the touchstone of Article 21 of the Constitution of India without going into the merits of the case. The petitioner namely Uttam Ram be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with
two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Alipore, South 24 Parganas, subject to the condition that he shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the learned trial Court on any date without any justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
The application for bail is disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)