Siddhartha Sarkar v. The State Of West Bengal

C.R.M. (A) 2487 of 2023 02.08.2023 Sl. 14 Court No. 29 Suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Barasat Cyber Crime Police Station Case No. 02 of 2023 dated 22.02.2023 under Sections 420/406/120B of the IPC and Sections 66D of the I.T. Act, 2000.

And In the matter of: Siddhartha Sarkar ....petitioner.

Mr. Sudipta Moitra, Sr. Adv.

Mr. Supratic Roy Mr. Sudipta Roy Mr. Shuvajit Roy ...for the petitioner.

Mr. Rudradipta Nandy, APP Mr. Ranadeb Roychowdhury ...for the State.

Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha ...for the de facto complainant.

1. Heard learned Counsel for both the parties.

2. The investigation is stated to have been handed over to C.I.D. in view of the enormity of the alleged transactions undertaken by the petitioner to defraud many people. Subsequently, offence under Sections 468 and 471 and Section 7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005 has been added. From the police papers it is found that there is also manipulation by the petitioner so far as order of different Courts including Supreme Court is concerned. This is a fit case where custodial interrogation of the petitioner is highly necessary.

3. In view of seriousness of the charge and requirement of his custodial interrogation, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

5. Accordingly, the prayer for the anticipatory bail is rejected.

6. The application being CRM (A) 2487 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)