Calcutta High CourtCRM/3388/2021dismissed

Bappaditya Biswas v. State Of West Bengal

2021-08-26Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

26.08.2021 Item no.35.

Court No.32.

AB (Rejected) (Via Video Conference) CRM No. 3388 of 2021 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 13.4.2021 in connection with Cyber Crime Police Station Case No.60 of 2020 Dated 30.07.2020 under Sections 419/420/468/469/471/409/120B of the Indian Penal Code And In the matter of : Bappaditya Biswas ......Petitioner. Mr. Sourav Chatterjee, Mr. Avik Ghatak, Mr. Sohan De Dhara ......for the Petitioner.

Mr. Bivas Chatterjee, ld. Spl PP, Mr. Sudip Ghosh, Mr. Bitoshok Banerjee, Ms. Anushree Mondal ......for the State.

The allegation against the petitioner is under Sections 419/420/468/469/471/409/120B of the Indian Penal Code. It is submitted on behalf of the petitioner that he is in custody for more than 200 days. Charges have been framed and only four out of 31 witnesses have been examined. He has been falsely implicated and has no involvement in the alleged offence. He voluntarily surrendered before the learned Trial Court after his prayer for anticipatory bail was rejected by this Court. His further custodial detention is not necessary.

The State vehemently opposes the prayer for bail and refers to several documents in the case diary. It is submitted on behalf of the State that the petitioner is the kingpin of the alleged offence and the documents prima facie suggest his direct involvement in the alleged offence.

Having considered the material in the case diary and prima facie involvement of the petitioner in the alleged crime and also as trial is in progress, we are not inclined to grant bail to the petitioner, at this stage.

C.R.M. No.3388 of 2021 is, accordingly, dismissed. However, keeping in view the period of detention of the petitioner, we request the learned Trial Court to dispose of the matter as early as the business of the Court may permit without granting any unnecessary adjournment to either of the parties. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)