Aritra Dhar v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction Appellate Side 09-02-2023 Subha Item no.05 bail allowed CRM (SB) 24 of 2023 Aritra Dhar -vsThe State of West Bengal & Anr.

In Re: An application for bail under Section 439 of the code of Criminal Procedure, 1973 filed on 1st February, 2023 in connection with Cyber Crime Police Station Case No. 23 of 2023 dated 03.12.2022 under Sections 354A/354D/506/509 IPC read with Ss. 66E/67A/67B of I. T. Act read with Ss. 14/15 of the POCSO Act.

Mr. Kunal Ganguly Ms. Sanchari Chakraborty ...for the petitioner.

Mr. T. D. Nandy Mr. Antarikhya Basu ... for the State.

Report submitted by the IC, Cyber Crime PS, Birbhum through the learned advocate appearing for the State be kept with the record. According to the State, steps are taken for submission of supplementary chargesheet after reports are obtained from the expert. Mr. Ganguly, learned advocate appearing for the petitioner submits that the initial chargesheet was submitted and the petitioner is in custody for about 67 days.

As the trial of the case cannot proceed without the subsequent materials being produced before the jurisdictional court, I am of the view that further detention of the present petitioner at this stage is unwarranted. Therefore, the prayer for bail of the present petitioner is allowed.

Accordingly, the petitioner shall furnish a bond of Rs.10,000/-(Rupees ten thousand only) with two sureties of like

amount each, one of whom must be local, subject to the satisfaction of the Learned Chief Judicial Magistrate, Birbhum on the following conditions:- While on bail, the petitioner would abide by the following conditions :-

1. The petitioner after being released shall not leave the jurisdiction of district of Birbhum without the permission of the learned C.J.M, Birbhum or the learned trial court who will be in seisin of the matter.

2. The petitioner shall meet with the Investigating Officer of the case once in a week for three months.

3. Any change of address of the petitioner should be informed to the learned Chief Judicial Magistrate, Birbhum or the learned trial court as well as the Investigating Officer of the case.

Accordingly, the present application for bail being CRM(SB) 24 of 2023 is disposed of.

Pursuant to the earlier order, the Investigating Officer of the case is present in court. His further appearance before this court is dispensed with.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. [Tirthankar Ghosh, J]