Manab Guha v. State Of West Bengal

04.11.2022 Item No.6 Ct.No.34 dc.

Allowed C.R.M. (SB) 261 of 2022 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Girish Park Police Station Case No. 206 of 2022 dated 13.10.2022 (G.R. Case No.

of 2022) under Sections 153A/295A/500/504/505/120B of the Indian Penal Code read with Section 67 of the Information Technology Act, 2000. And In Re :

Manab Guha ... Petitioner.

Mr. Rajdeep Mazumder, Mr. Moyukh Mukherjee, Mr. Pritam Roy, Mr. Koustav Lal Mukherjee ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Rudradipta Nandy, Ms. Sonali Das ... For the State.

Mr. Mazumder, learned advocate appearing for the petitioner submits that the petitioner is in custody for about 22 days and by profession he is journalist and has been implicated in the instant case because of certain Facebook upload for which complaint was lodged with Girish Park Police Station. Learned advocate submits that having regard to the period of detention of the petitioner, further detention may not be warranted in the facts and circumstances of the instant case.

Mr. Mukherjee, learned Public Prosecutor appearing for the State opposes the prayer for bail of the petitioner and

draws the attention of the Court to the materials so collected.

I have perused the materials in the case diary, the nature of allegations and having regard to the period of detention of the present petitioner, I am of the opinion that further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Manab Guha shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the learned Additional Chief Metropolitan Magistrate, Calcutta.

If on bail, the petitioner shall inform his address to the Investigating Officer of the case and make himself available as and when required. In case, the petitioner leaves the jurisdiction of West Bengal, he shall inform the Investigating Officer of the case regarding the place of his visit prior to leaving the State.

The application for bail, being CRM (SB) 261 of 2022, is, thus, disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)