Sk. Md. Anisur Rahaman vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 54

ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Sk. Md. Anisur Rahaman – Appellant
Versus
State of West Bengal – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Ranjit Kumar, Sr. Adv. Mr. Amarjit Singh Bedi, AOR Mr. Goutam Dey, Adv. Mr. Varun Chandiok, Adv. Ms. Riya Seth, Adv.
For the Respondent(s): Mr. P.S.Patwalia, Sr. Adv. Mr. Siddhesh Shirish Kotwal, AOR Ms. Manya Hasija, Adv. Mr. Soumya Nag, Adv. Mr. Tejasvi Gupta, Adv. Mr. T.Illayarasu, Adv. Mr. Yatharth Gupta, Adv. Ms. Deveshi Chand, Adv. Mr. Arvindra Nath Sharma, Adv. Mr. Gopal Sankaranarayanan, Sr. Adv. Ms. Astha Sharma, AOR Mr. Nipun Saxena, Adv. Ms. Pratbha Yadav, Adv. Ms. Ripul Swati Kumari, Adv. Ms. Trisha Chandran, Adv. Ms. Tanya Srivastava, Adv.

ORDER

Leave granted.

2. Heard the learned senior counsel appearing for the appellant, the learned senior counsel appearing for the respondent-State of West Bengal and the learned senior counsel appearing for the second respondent (complainant).

3. The appellant is in the custody for the last 5 years and 2 months. As per order dated 17th March, 2023 passed by this Court, the trial was expected to be completed within six months. As of today, out of 114 witnesses, 75 have been examined.

4. We have perused the notes of evidence. Considering the facts of the case and the role attributed to the appellant, the appellant deserves to be enlarged on bail subject to stringent conditions. One of the conditions will be that the appellant will remain confined to the city of Kolkata after his release on bail and shall mark the attendance every day at appropriate Police Station as may be directed by the Trial Court. Another condition will be that if it is found that the trial is being delayed at the instance of the appellant due to either his non-cooperation or his advocate indulging in unnecessary long cross-examination, the bail will be liable to be cancelled.

5. Apart from the aforesaid conditions,

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