Apu Kumar Shaw v. State Of West Bengal

30.08.2023 tkm/ct 28 C.R.M. (DB) 3392 of 2023 sl no. 36 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bidhannagar Cyber Crime PS Case No. 98 of dated 23.6.2022 under sections 419/420/467/468/469/471/120B/34 IPC and sections 66C/6D of the IT Act and In Re : Apu Kumar Shaw ........ petitioner Mr. Anjan Duta Mr Pawan Kr. Gupta Ms. S Nesar Mr. S Pathak Mr. S Sett ...... for the petitioner Mr. Sudip Ghosh Mr. Kaushik Kundu ...... for the State 1.

Petitioner is in custody for 379 days. It is submitted there is no progress in the matter. He prays for bail. 2.

Learned lawyer for the Sate opposes the bail prayer. He submits trial has commenced. At that stage petitioner approached the Hon'ble Apex Court on the ground that all documents had not been supplied to him. Consequently, proceedings have been stayed. 3.

We have considered the materials on record. Co-accused had personated themselves as representatives of a well-known IT company. Petitioner is a conspirator and had supplied valuable information to the said co-accused to perpetrate the crime of identity fraud. He received wrongful gain for his illegal activities. Trial has already been commenced but has been stayed at the behest of the petitioner. Petitioner may indulge in similar fraud while on bail.

4.

Under such circumstances, we are not inclined to grant bail to him.

5.

Accordingly, the prayer for bail is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)