Bholanath Mondal And ANR v. State Of West Bengal

18.07.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3387 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Cyber Crime Police Station, KPD Case No. 21 of 2022 dated 23.06.2022 under Sections 292/376/323/509/34 of the Indian Penal Code, 1860.

And In Re : Bholanath Mondal & Anr.

...... petitioners Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ....for the petitioners Mr. Saryati Dutta ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the police complaint was lodged five years after the alleged incident. The petitioners were falsely implicated. Learned advocate appearing for the State submits that, the incident was videographed at the behest of the petitioner and was circulated in the social media. He refers to a compact disk containing the offensive materials. He also refers to the statement of the eye witnesses of the offensive video uploaded in the social media platform.

In view of the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to enlarge any of the petitioners on anticipatory bail.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 3387 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)