Dhanesh Chandra Barman @ Dipankar v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

11.02.2025 Court No.01 rpan /15 CRM (DB) 44 of 2025 In Re: Dhanesh Chandra Barman @ Dipankar - Petitioner.

Mr. Swarup Das, Mr. Rathin Das .... for the petitioner.

Mr. Saikat Chatterjee, Mr. Chattu Roy ...for the State The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred in connection with Pundibari Police Station Case No.1036 of 2024 dated 09.12.2024 under Sections. 329(4), 64, 115(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita.

Mr. Das, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. He has already suffered incarceration for about two months. The victim is a married lady of about 40 years and in the said conspectus, further detention of the petitioner may not be necessary.

Mr. Roy, learned advocate appearing for the State opposes such prayer and submits that there are strong incriminating materials on record against the petitioner and that investigation is still continuing.

Considering the contents of the complaint, the statement of the victim lady, as recorded under Section 164 of the Code, the nature of accusation and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that further detention of the petitioner is not necessary. Accordingly, we direct that the petitioner, namely, Dhanesh Chandra Barman @ Dipankar shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Chief Judicial Magistrate, Cooch Behar with a further condition that he shall meet with the Investigating Officer of the case once a week till completion of the investigation.

The application for bail, being CRM (DB) 44 of 2025, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Tapabrata Chakraborty, J.)