Umesh Chandra Nath v. The State Of West Bengal
18.12.2023 tkm/ct 28 C.R.M. (DB) 4361 of 2023 sl no. 129 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bidhannagar Cyber Crime PS case no. 90 of dated 28.12.2020 under sections 376/376(ii)(f)/376(ii)(1)(376(d)/370(1)&(3)/34/469/500/509 IPC and section 66E/67A of the Information Technology Act And In Re : Umesh Chandra Nath ...petitioner Mr. M K Mukherjee Ms. Purnima Panda ...... for the petitioner Mr. Swapan Banerjee Mr. Aniket Mitra ...... for the State
1. Petitioner is in custody for more than two years. He contends he is a mere film editor. He is not the principal accused. He renews his bail prayer.
2. Learned lawyer for the State oppose the bail prayer.
3. We have considered the materials on record. Victim had been lured to participate in various obscene acts on the ground that they were acting in a web series. Behind their back obscene films were uploaded on the internet. Petitioner played a role in editing the films and actively participated in the crime. In view of the nature of offence and as trial is in progress, we are not inclined to grant bail to the petitioner.
4. Accordingly, prayer for bail is rejected.
5. Trial court is requested to conduct trial as expeditiously as possible preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)