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Calcutta High CourtCRM (DB)/414/2025allowed

Dohoud Arnold Patrick @ Domoraud Patrick v. The State Of West Bengal

2025-04-03Hon'Ble Justice Suvra Ghosh3 pages

03.04.2025 Ct.No.34 b.das Allowed C.R.M. (DB) 414 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Bidhannagar Cybercrime P.S. Case No. 78 of 2019 dated 06.09.2019 under Sections 419/420/120B/34 of IPC and Section 14(a) of Foreigners Act. And In Re : Dohoud Arnold Patrick @ Domoraud Patrick ... Petitioner.

Mr. Dilwar H. Barlaskar (VC) Mr. N. H. Jafri Mr. U. A. Andrabi Ms. Gargi Dhang Ms. Sanjukta Das ... for the Petitioner. Mr. Saryati Dutta Ms. Trisha Rakshit ... For the State.

The petitioner is in custody for about 41⁄2 years upon being shown as arrested in the present case. He is alleged to have been engaged in cyber fraud along with associates. The associates are still at large.

Learned counsel for the petitioner submits that the petitioner is a resident of Ivory Coast and entered India with a valid passport. Charge sheet has been submitted. His further detention is not required for the purpose of custodial interrogation.

He has been granted bail in an earlier complaint lodged against him under the NDPS Act as well as Section 14 of the Foreigners Act.

Learned counsel for the State produces the case diary and opposes the prayer.

Learned counsel submits that the petitioner has criminal antecedents and the learned trial Court is unable to consider charges due to abscondence of the associates of the petitioner.

I have considered the material on record. The petitioner is in custody for considerable period of time. Charge sheet has been submitted. The petitioner has not been able to apply for a special temporary Visa for continuing to remain in this country and undertakes to apply for the same as soon as he released on bail. Upon consideration of the material available in the case diary as well as period of detention of the petitioner, this Court is inclined to hold that further detention of the petitioner is not required and he may be released on bail subject to stringent conditions.

The prayer for bail is allowed.

The petitioner, Dohoud Arnold Patrick @ Domoraud Patrick be released on bail upon furnishing bond of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bidhannagar subject to condition that he shall remain within the jurisdiction of Bidhannagar Cybercrime P.S. and shall furnish the address where he shall henceforth reside before the learned trial Court, investigating officer and the Inspector in charge of the concerned P.S. The petitioner shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not

intimidate witnesses or tamper with evidence in any manner whatsoever. He shall apply for a special temporary Visa for his continuation of stay in this country since his presence shall be required before the learned trial Court till disposal of the case.

In the event the petitioner fails to comply with any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail, being CRM (DB) 414 of 2025, is, thus, 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.)