Monirul Molla v. State Of West Bengal

07.08.2023 (D/L 65) Ct. No.29 (Rejected) sdas CRM (A) 2820 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Baguiati P.S. Case No. 312 of 2023 dated 01.06.2023 under Sections 417/376/506 of the Indian Penal Code and Sections 66A/67/67A of the I.T. Act. In the matter of : Monirul Molla ... Petitioner Mr. Ashok Das Ms. Sonali Das ... for the petitioner Mr. Saswata Gopal Mukherji, learned PP Mr. Partha Pratim Das Mrs. Manasi Roy ... for the State

1. Liberty as prayed for by the learned Counsel for the petitioner to correct the cause title has given to him.

2. Heard the learned Counsel for the parties.

3. Both the petitioner and victim being married entered into a romantic relationship and maintained the same for some time. During that period the petitioner had taken some objectionable photographs of their relationship and also of the victim. When the dispute started between the parties petitioner is stated to have made those photographs viral through social media. Copies of the photographs are stated to have been seized during investigation. Those photographs are there in the case diary in sealed envelop which we do not like to open.

4. Regard being had to the seriousness of the offence and the fact that the petitioner has exploited the relationship during a weak time by both the parties, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 of the Code of Criminal Procedure.

5. With the aforesaid observation, the prayer for anticipatory bail is rejected.

6. Accordingly, CRM(A) 2820 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)