← Library
Calcutta High CourtCRM(M)/1808/2025rejected

Akhtar Alam @ Akhter Alam @ Aktar Alam @ Arzoo v. State Of West Bengal

2025-10-16Hon'Ble Justice Chaitali Chatterjee (Das)3 pages

16.10.2025 Item No.05 Ct. No. 16 RP C.R.M.(M) 1808 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Titagarh Police Station Case No. 614 of 2022 dated 07.10.2022 under Sections 103(1) of the Bharatiya Naya Sanhita, 2023 pending before the Court of the Learned Additional District & Sessions Judge, 4th Fast Track Court at Barrackpore, North 24 Parganas.

And In the matter of : Akhtar Alam @ Akhter Alam @ Aktar Alam @ Arzoo ...... petitioner Mr. Koustav Bagchi Mr. Debayan Ghosh ....for the petitioner Mr. Anupam Dasadhikari Mr. Md. Ejaj Akhtar ....for the State Mr. Moyukh Mukherjee Mr. Abhijit Singh Ms. Sagnika Banerjee Mr. Koustav Bhattacharya ...for De facto Complainant

1. Heard the submission of both the learned advocates for the parties as well as the learned advocate representing the de facto complainant.

2. Perused the case diary.

3. On careful perusal of the material available in the case diary as well as careful consideration of the facts and circumstances of the case it transpires that the offence is certainly a heinous in nature even though the petitioner

is in custody for last three years. Furthermore, the delay in disposal of the case as alleged by the learned advocate for the petitioner can be seen from the order passed by the learned trial Court that was not on account of nonproduction of witnesses but for filing application under Section 231 CrPC by the petitioner. That apart, the possibility of his being abscond cannot be ruled out which would further cause delay in the proceeding. Therefore, on careful consideration of the entire facts and circumstances and the serious nature of offence and that the evidence is going on, this Court is not inclined to allow the prayer for bail.

4. Hence, the prayer for bail stands rejected. However, since the matter is pending from 2023 the learned trial Court is requested to expedite the hearing as expeditiously as possible.

5. Urgent Photostat copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities.

(Chaitali Chatterjee (Das), J.)