Sourav Ghosh v. State Of West Bengal

25.08.2025 Court No.28 Item No.34 ssi CRM (A) 2250 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Canning PS Case No.374 of dated 31.05.2025 under Sections 78(2)/352/79 of the BNS, 2023 and 67/67A of Information Technologies Act, 2000.

And In the matter of: Sourav Ghosh Mr. Tarunjyoti Tewari Ms. Kausiki Bose ...for the petitioner Mr. Ranadev Roy Chowdhury Mr. Sufi Kamal ..for the State Learned counsel appearing on behalf of the petitioner submits that after a social media post was shared by the petitioner, he found the information to be false and immediately deleted the post. Yet, he has been made an accused in this case.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that pursuant to the further notice issued by the Investigating Officer, the petitioner met the Investigating Officer and handed over the mobile phone in question.

It appears from the report filed, which is taken on record, that the mobile in question was seized.

It is an unfortunate case where the petitioner had rather recklessly shared a post. However, after finding it to be false, he deleted the same.

It also appears that bulk of the evidence has already been collected.

Considering the above and in view of the fact that the petitioner has complied with the notice issued by the police and handed over his mobile, I do not consider that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail of the petitioner is allowed.

In the event of arrest, the petitioner shall be released 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 Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall not threaten or intimidate witnesses and shall cooperate with investigation. The petitioner shall meet the I.O. once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)