Dipak Barman And ANR. v. State Of West Bengal

D/L 31 10.11.2025 Bpg.

Allowed C.R.M. (M) 1687 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure 1973, now under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Balurghat Police Station Case No.538 of dated 28.10.2019 under Sections 341/448/323/302/506/34 of the Indian Penal Code, 1860; Dipak Barman & Anr.

Versus

The State of West Bengal Mr. Amitabha Ghosh Ms. Nabanita Chatterjee.

...for the petitioners.

Ms. Subashree Patel Ms. Suchismita Dutta.

...for the State.

Learned advocate appearing for the petitioners submits that the petitioners surrendered on 15.09.2021 and till then they are in custody. It has been additionally submitted that other accused persons similarly placed have been released on bail. Learned advocate for the State has opposed the prayer for bail and submitted that three more witnesses are left to be examined, out of the 14/15 witnesses proposed to be examined by the prosecution.

I have considered the materials which have surfaced in course of the evidence, the period of detention of the present petitioners and having regard to the same, I am of the opinion that further detention of the petitioners are unwarranted.

Accordingly, the prayer for bail of the petitioners are allowed. The petitioners namely, Dipak Barman and Madan Barman shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned CJM, Dakshin Dinajpur at Balurghat. If on bail, the petitioners shall make themselves physically available as and when fixed by the by the learned trial court and shall not leave the jurisdiction of Balurghat Police Station except for the purposes of the attending the court, without prior permission of the learned trial court.

Accordingly, CRM (M) 1687 of 2025 is allowed. Pursuant to the earlier direction, the Investigating Officer of the case is present. His further appearance before this Court is dispensed with.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)