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Calcutta High CourtCRM (DB)/1746/2022allowed

Soumita Manna @ Tumpa v. State Of West Bengal

2022-07-05Hon'Ble Justice I. P. Mukerji,Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 5.7.2022 S.D Item no.31 CRM (DB) 1746 of 2022 Soumita Manna @ Tumpa -VsThe State of West Bengal Mr. Somraj Gangopadhyay Mr. Arpan Mukherjee Mr. Gopal Nonia ...For the petitioner. Mr. Rudradipta Nandy Ms. Sonali Das .... For the O.P. On 18th April, 2022 the petitioner was arrested on the accusation of being involved in a ponzi scam. The organization accused to be involved in this offence is S.B.F. Network Marketing, by cheating numerous people by inviting investments from them and then misappropriating the fund. It was alleged that the accused was aiding or assisting such activity.

It is submitted by learned counsel appearing for the petitioner which is prima facie supported by the documents in the case diary that the accused was an employee of the organization, working as a computer operator and dealing with fraudulent investments obtained by the organization. The documents tend to reveal her role as an employee only and not as an active participant in the commission or aiding of the alleged offence. She has also not been named in the first information report.

The petitioner is in custody for 79 days. This time period was sufficient for the investigating officer to unearth her role, in the alleged offence.

Hence, we are minded to allow this application for bail. Considering the facts and circumstances above, we are of

the view that the petitioner should now be enlarged on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned 3rd Additional District Judge, Alipur, subject to the following conditions:-

1. The petitioner is to deposit her passport, if she has one, with the investigating agency within three days from date;

2. She will meet the investigating officer as and when summoned

3. She shall not leave the municipal limits of the Kolkata without informing the investigating officer.

4. She shall not tamper with evidence or interfere with the witnesses in any manner.

(Ajoy Kumar Mukherjee, J.) (I.P. Mukerji, J.)