Ujjal Sarkar v. State Of West Bengal And ANR
13.08.2025 Court No.34 Item No.19 (Allowed) Ab CRM (M) 542 of 2025 In Re:- An application for bail under Section 483 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 dated 16.05.2025 in connection with Petrapole Police Station Case No. 167 of 2024 under Section 64(2)(i)(k) of the Bharatiya Nyaya Sanhita, 2024; And In the matter of : Ujjal Sarkar.
...Petitioner.
Mr. Uday Sankar Chattopadhyay, Ms. Rajashree Tah,, Ms. Aishwarya Datta.
...For the petitioner.
Ms. Zareen N, Khan, Ms. Puja Goswami.
...For the State.
On the prayer of the petitioner, liberty is granted to correct the cause title of the application.
The petitioner is in custody for more than eight months and prays for bail.
Learned counsel for the petitioner submits that the petitioner is a priest of a local temple and has been falsely implicated out of grudge.
Learned counsel for the State opposes the prayer. I have considered the material on record. The victim appears to be a mentally disabled lady. No effort has been made by the Investigating Officer to record her statement under Section 164 of the Code of Criminal Procedure. Besides a statement of a villager recorded under Section 161 of the Code of Criminal Procedure, there is prima facie no other material which implicates the petitioner in the alleged offence. No external injury has been detected upon medical examination of the victim.
Considering the material on record and extent of complicity of the petitioner in the alleged offence, this Court is inclined to hold
that the petitioner be released on bail subject to stringent conditions. Accordingly, the prayer for bail is allowed.
The petitioner, namely, Ujjal Sarkar, shall be released on bail upon furnishing a 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 Additional Chief Judicial Magistrate, Bongaon, subject to the conditions that he shall remain outside the jurisdiction of Petrapole Police Station and shall furnish the address where he shall presently reside before the learned trial Court, the Investigating Officer and the concerned Officer in Charge of the Police Station under whose jurisdiction he shall presently reside. He shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions state hereinabove, 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.
Case diary be returned.
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.)