Raj Sonkar v. State Of West Bengal

14/12/2020 Item No.137 DL S.DE/AD (Allowed) C.R.M. 10291 of 2020 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Burtalla P.S. Case No.224 of 2020 dated 29.10.2020 under Sections 354C/506 of the Indian Penal Code adding Sections 66E/67/67A of the Information Technology Act. And In the matter of : Raj Sonkar

...Petitioner.

Mr. Aniket Mitra Mr. Sanjib Mitra ...for the Petitioner.

Mr. Arijit Gangully Mr. Iqbal Kabir ...for the State.

It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case due to an estranged love affairs.

Learned counsel appearing for the State submits that the petitioner had taken obscene pictures of the complainant and threatened to circulate the same.

Materials on record do not show seizure of incriminating of electronic records supporting the allegations. In view of the aforesaid fact, we are of the opinion that though custodial interrogation may not be necessary. Petitioner requires to cooperative with investigation by handing over his electronic device and meeting the investigating officer once in a week until further orders.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like amount each to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is thus disposed of. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)