Arnab Singha @ Abhi v. State Of West Bengal And ANR

14.05.2025 Item No.6.

Court No.39 ss (dismissed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 222 of 2025 In re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Special Case No.127 of 2024 which arose out of Baguiati Police Station Case No.509/2024 dated 25.08.2024 under Section 95 of the Bharatiya Nyaya Sanhita read with Sections 4/6/12/14/15 of the Protection of Children from Sexual Offences Act and Sections 66C/67A of the Information Technology Act, pending before the learned Judge, Special (POCSO) Court, Barasat, North 24-Parganas.

-AndIn the matter of : Arnab Singha @ Abhi ... Petitioner Mr. Biswajit Manna Mr. Rishav Kumar Thakur Mr. Dattatreya Datta, ...for the petitioner Ms. Rituparna De Ghose Mr. Debanshu Ghorai ... ...for the State Learned Advocate for the petitioner submits that the entire prosecution case is against the principal accused Tunir Majumdar, who had relationship with the victim. As per the prosecution the principal accused circulated the obscene video photographs of the victim. The principal accused has been granted bail by this Hon'ble Court by order dated 25th March, 2025. The present petitioner, who is in custody for 209 days, stands on a better footing. There are discrepancies in the place of occurrence. No expert's report with regard to digital evidence has been submitted by the prosecution as yet. He seeks for enlargement of the petitioner on bail.

Learned Advocate for the State opposing such prayer for bail submits that the mobile phone and WhatsApp chats screenshots have been seized from the possession of this petitioner. The victim has stated of an unknown person. The obscene videos of the victim with the petitioner have been circulated in the social media. She also informs that steps have been taken for obtaining the expert's report with regard to digital evidence. She seeks for dismissal of the bail application. Despite service none appears on behalf of the de facto complainant.

Perused the case diary and materials on record. The victim in her statement has stated that she was forced into physical relationship with one unknown person and such obscene videos were circulated. The mobile phone and the WhatsApp chats screenshot messages have been recovered and seized from the possession of the petitioner. The involvement of the petitioner has transpired during the course of investigation. The prosecution has taken steps for obtaining the FSL report with regard to digital evidence from the Director, Cyber Forensics & Digital Evidence Examiner. Considering the above materials and bearing in mind nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail prayer of the petitioner is rejected. The application for bail being CRM (M) 222 of 2025 stands dismissed.

(Bivas Pattanayak, J.)