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2026 DAILYLAW 34672 (CAL)

UTTAM KR BARMAN v. STATE OF WEST BENGAL

CRM(M)/281/2026 · 2026-08-20

Apurba Sinha Ray

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08 20.08.2026 Court No.09. (S.Mandi) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM(M)/281/2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matigara Police Station Case No.150 of 2026 dated 13.03.2026 under Sections 137(2)/140(3) of Bharatiya Nyaya Sanhita and adding Sections 103(1)/238 of Bharatiya Nyaya Sanhita. - And - In the matter of: - UTTAM KUMAR BARMAN ..…petitioner. Mr. Arunava Paul, Adv. …for the petitioner. Mr. Avrojyoti Das, Ld. APP. ….for the State 1. Learned Counsel for the petitioner has submitted that the petitioner is in custody for more than 4 months. There is no direct witness who saw the accused to commit the crime. Investigation is complete. Charge-sheet is submitted on 31st May, 2026. Charge is yet to be framed. 16 witnesses are to be examined from the side of the prosecution. There is no chance of an early conclusion of the trial. 2. The learned Additional Public Prosecutor raises serious objection. According to him, there are sufficient incriminating materials against the present petitioner. The motorbike of the victim was recovered from the place of occurrence. Learned Counsel for the State has also drawn the attention of this Court to the statement 2 of the sister of the victim under Section 164 of CrPC, wherefrom it transpires that the victim was last seen with the present petitioner. Learned Counsel for the State opposes the prayer for bail vehemently. 3. I have gone through the materials on record. It appears that investigation is complete. There is no direct eye witness to the incident. There is no material on record that the motorbike of the present petitioner is recovered from the place of occurrence. In view of the above, I am inclined to allow the prayer for bail of the petitioner. 4. Accordingly, the prayer of the petitioner for bail is allowed on the following conditions:- a) The petitioner, namely, Uttam Kr. Barman, shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of Rs.5,000/- (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of Additional Chief Judicial Magistrate, Siliguri. b) The petitioner shall appear before the learned Trial Court on each and every date of hearing and/or as and when to be directed by the Court. c) The petitioner shall not intimate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever. d) The petitioner shall remain within the geographical limits of the District Coochbehar, but shall not enter the Sitalkuchi 3 Police Station jurisdiction except for the purpose of attending Court proceedings. The petitioner shall inform his current local address where he will be residing while on bail to the jurisdictional police station and the learned Trial Court and shall meet the I/C of jurisdictional police station where he will be residing now once in a week, until further orders. 5. In the event, the petitioner fails to adhere to any of the conditions stipulated above, the Trial Court shall be at liberty to cancel the bail in accordance with law. 6. The application for bail is, thus, allowed. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Apurba Sinha Ray, J.)