Calcutta High CourtCRM(M)/2614/2025dismissed

Balaram Adhikari v. State Of West Bengal

2025-12-11Hon'Ble Justice Tirthankar Ghosh2 pages

11.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.18 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 2614 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Bakultala Police Station Case No. 263 of 2025 dated 02.06.2025 under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 238(a) of the Bharatiya Nyaya Sanhita, 2023 has been added in charge-sheet. And In Re : Balaram Adhikari ... Petitioner.

Mr. Mrityunjoy Chatterjee, Mr. Bapin Baidya ... For the Petitioner.

Mr. Sandip Chakraborty, Ms. Dhanasree Biswas ... For the State.

Learned advocate appearing for the petitioner has pointed to the order dated 24.11.2025 passed by this Court and submitted that on 21.11.2025 charges were already framed when the bail application was moved. As such, petitioner may be released on bail.

Learned advocate appearing for the State submits that there are ten vulnerable witnesses.

A court usually passes an order on the basis of submissions advanced by learned advocates who are officers of the Court. If the officers of the Court are not properly instructed, an order cannot be passed according to the merits of the case.

Having regard to the submissions advanced by the learned advocates for the petitioner and the State, I direct

that the petitioner would renew his prayer for bail after the examination of vulnerable witnesses is over.

State would put in efforts at least in the next six months to examine the vulnerable witnesses. A list of vulnerable witnesses be handed over to the learned Trial Court on the very first day.

Learned Trial Court would assess whether the number of witnesses can be reduced and thereafter proceed with the trial of the case on the next date so fixed.

At this stage, the prayer for bail of the petitioner is rejected.

Petitioner would renew his prayer for bail after 30th April, 2026.

The application for bail, being CRM (M) 2614 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)