Manirul Islam @ Manirul And ANR v. State Of West Bengal

07.11.2022 Serial no.39 Aloke CRM (A) 4796 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 (Malda) Case No. 33 of 2022 dated 05.08.2022 under Sections 406/465/354C/384/292/509/120B of the Indian Penal Code.

-AndIn the matter of : Manirul Islam @ Manirul Hoque & Anr. ... ... Petitioners Mr. Soupal Chatterjee, Advocate Ms. Sucheta Banerjee, Advocate ... ... For the Petitioners Mr. T.D. Nandy, Advocate Mr. Antarikhya Basu, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the co-accused was granted bail by the jurisdictional Court. According to him, the petitioners were falsely implicated. The first petitioner is the ex-husband of the de facto complainant.

Learned Advocate appearing for the State draws the attention to the materials in the case diary. He submits that the offensive photographs of the de facto complainant were circulated in the social media by using the face book account of the petitioner no. 2. He refers to the statement of the de facto complainant recorded under Section 164 of the Code of Criminal Procedure.

The de facto complainant in her statement recorded under Section 164 of the Code of Criminal Procedure implicates both the petitioners. The face book account of the petitioner no. 2 was used for the purpose of circulation of the offensive photographs of the de facto complainant.

In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 4796 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)