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Calcutta High CourtCRM (DB)/2402/2023rejected

Swarnadip Roy v. State Of West Bengal

2023-07-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

03.07.2023 tkm/ct 28 C.R.M. (DB) 2402 of 2023 sl no.80 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bidhan Nagar Cyber Crime PS case no. 157 of 2022 dated 8.10.2022 under sections 419/420/120B/468 IPC And In Re : Swarnadip Roy ........ petitioner Ms. Jhuma Sen Mr. Masum Ali Sardar Mr. S Das ...... for the petitioner Mr. M Sur Mr. D Paramanick ...... for the State Petitioner submits that he has been falsely implicated in the case. Transaction involves alleged misappropriation of a sum of Rs. 23,000/- only. Investigation is complete. He may be released on bail.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. A fake website purportedly to be in the name of a reputed hotel had been set up. De facto complainant contacted the hotel through the phone number given on the website. Petitioner induced her to make payments which were misappropriated. At the first blush, the case appears to be a singular act of misappropriation. However, the manner in which the fake website was set up gives an impression of an organized crime activity which requires more intense investigation with regard to involvement of other victims. We are informed further investigation is in progress. In this backdrop, we do not consider it prudent to enlarge the petitioner on bail at this stage.

Accordingly, prayer for bail is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)