Devdutta Maji @ Devdutta Majhi v. State Of West Bengal
15.10.2020 tkm C.R.M. 7749 of 2020 sl no. 52 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Dalkhola P.S case no. 115 of 2020 dated 9.6.2020 under sections 153A/295A/298 of the Indian Penal Code and sections 66/67 of the Information Technology Act And Allowed In Re : Devdutta Maji @ Devdutta Majhi ...... petitioner Mr. S Chowdhury ...... for the petitioner Mr. Swapan Banerjee Ms. P Ghosh ......
for the State Having considered the materials on record and bearing in mind the facts and circumstances of the case in the light of the submission that the petitioner made unintentional posts on a social media platform, we are of the opinion custodial interrogation of the petitioner may not be necessary but he is required to saddle with stringent conditions. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall not upload or forward similar imputations via social media in future.
The application being CRM 7749 of 2020 is disposed of. (Subhasis Dasgupta, J.) (Joymalya Bagchi, J.)