Dipanjan Sarkar v. State Of West Bengal

April 28, 2025 43 ARDR Allowed CRM (DB) 295 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Barasat Police Station Case No. 722 of 2024 dated 13th December, 2024 under Sections 221/118(2)/121(2)/132/109/61(2) of the BNS. And In Re :

Dipanjan Sarkar ... Petitioner.

Sr. Adv. Phiroze Edulji, Adv. Priyanka Bhattacharyya, ... for the petitioner.

Adv. Manisha Sharma, Adv. Purnima Ghosh, ... for the State.

It appears from the report that the petitioner's thought process is found to be disorganised with Grade-I insight. He is symptomatic and is not fit for trial at present. According to the Medical Board, he requires continuous psychotropic medication and periodical reassessment. He is in custody for about four months. Learned counsel for the State submits that the petitioner may be harmful to the members of his family and may repeat same offence if granted bail at this stage.

Considering the medical condition of the petitioner, prayer for bail is allowed.

The petitioner namely Dipanjan Sarkar be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), executed by his father, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Barasat, North 24 Parganas subject to the condition that he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

The Investigating agency shall arrange for medical assessment of the petitioner by the Medical Board that may be constituted by the Director, Medical Services and submit reports before the learned trial Court periodically. As and when the Medical Board certifies that the petitioner is fit for trial, learned trial Court shall direct the petitioner to appear before it and proceed with the trial. The application for bail is disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)