Sultan Hossain @ Tota v. State Of West Bengal And ANR
16.09.2025 jb.
jdt.
C.R.M. (M) 1403 of 2025 In Re : An Application under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Labpur Police Station Case No. 51/25 dated 28.02.2025 under Sections 64(1)/351(2)(3)(4) of the Bharatiya Nyaya Sanhita and Sections 66C/66E/67A of the Information Technology Act.
And In Re : Sultan Hossain @ Tota Mr. S. Ganguly Sufi Kamal Shireen Hosssain ... For the Petitioner.
Mr. Saibal Bapuli Mr. Kunal Ganguly ... For the State Affidavit of service filed on behalf of the petitioner is taken on record.
The victim is not represented despite service. The petitioner is in custody for more than 100 days and prays for bail.
Learned counsel for the State opposes the prayer. I have considered the material on record.
It is a fact that the FIR was lodged after a delay of two months. However, there is sufficient material in the case diary prima facie implicating the petitioner in the alleged offence. The petitioner's mobile phone from which the obscene photographs of the victim were uploaded in the social media has been sent for forensic examination. The petitioner was arrested from Mumbai.
Considering the nature and gravity of the offence and prima facie involvement of the petitioner therein, prayer for bail is rejected.
The application for bail is disposed of.
Case diary be returned.
Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)