Goutam Barman and Anr. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Goutam Barman and Anr. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Both petitioners (Goutam Barman and Babul Barman) released on bail upon furnishing bond of Rs.20,000/- each with two sureties of Rs.10,000/- each (one local) to the satisfaction of the learned Chief Judicial Magistrate, Uttar Dinajpur, subject to attendance on every trial date and restriction on leaving Uttar Dinajpur district without prior permission of the Trial Court.

Issue for consideration

Whether the petitioners, who have been in custody for more than 10 years 6 months while their trial in Kaliyaganj Police Station Case No. 212 of 2015 remains unconcluded, should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Considering that the petitioners have suffered custody of more than 10 years and the trial has not been concluded till date, the Court inclined to release them on bail.

Ratio / Principle

The prayer for bail of the petitioners is allowed; both petitioners (Goutam Barman and Babul Barman) are to be released on bail upon furnishing a bond of Rs.20,000/- each with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Uttar Dinajpur.

Key takeaways

Bail conditions: if on bail, the petitioners shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Uttar Dinajpur without prior permission of the learned Trial Court.ratio¶13

Detailed headnote1 paragraphs

High Court at Calcutta (Tirthankar Ghosh, J.), 11.02.2026 — Bail granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 CrPC, 1973) to Goutam Barman and Babul Barman, accused in Kaliyaganj Police Station Case No. 212 of 2015 dated 16.07.2015 (G.R. Case No. 1351 of 2015) under Sections 498A/304B/302/34 IPC, principally on the ground of prolonged incarceration of over 10 years 6 months and an unconcluded trial (14 of 18 witnesses examined; CSW-16's evidence pending). Release ordered on a bond of Rs.20,000/- each with two sureties of Rs.10,000/- each (one local) to the satisfaction of the learned Chief Judicial Magistrate, Uttar Dinajpur, conditioned on personal appearance on every date fixed by the Trial Court and no departure from the jurisdiction of Uttar Dinajpur district without the Trial Court's prior permission. Application disposed of accordingly.

11.02.2026 Item No. M/L.221 Ct.No.35 dc.

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION

Allowed

C.R.M. (M) 2469 of 2025

In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Kaliyaganj Police Station Case No. 212 of 2015 dated 16.07.2015 under Sections 498A/304B/302/34 of the Indian Penal Code (G.R. Case No. 1351 of 2015).

And In Re : Goutam Barman and another ... Petitioners. Mr. Kaushik Choudhury, Mr. Dwipayan Panda, Mr. Tridib Das ... For the Petitioners. Mr. Saibal Bapuli, APP, Ms. Puspita Saha ... For the State.

Leave is granted to the learned advocate for the petitioners to amend the cause title. Learned advocate appearing for the petitioners submits that the petitioners are in custody for more than 10 years 6 months.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that out of 18 witnesses, 14 witnesses have been examined and date has been fixed for evidence of CSW-16.

Having considered the fact that more than 10 years have been suffered by the present petitioners and the trial till date has not been concluded, I am inclined to release the

2

petitioners on bail. As such, the prayer for bail of the petitioners is allowed .

Accordingly, the petitioners viz., 1. Goutam Barman and 2. Babul Barman shall be released on bail upon furnishing bond of Rs.20,000/- each, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Uttar Dinajpur.

If on bail, the petitioners shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Uttar Dinajpur without prior permission of the learned Trial Court.

The application for bail, being CRM (M) 2469 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.)