CRM/11296/2020 of SAMIRAN SAHA Vs State of West Bengal on 31 December 2020

05 31.12.2020 mb/pg. Rejected

CRM 11296 of 2020(Through Video Conference)

In Re: - An application for bail under Section 439 of the Code ofCriminal Procedure in connection with Bidhannagar Cyber Crime P.S.Case No.60 of 2020 dated 30.07.2020 under Sections 419/420/468/469/471/409/120B of the Indian Penal Code.

And

In the matter of: Samiran Saha

…. Petitioner

Mr. Rajdeep Mazumdar

Ms. Arushi Rathore

Mr. Zohaib Rauf

Mr. Soumitava Chakraborty

… For the Petitioner

Mr. Bivas Chatterjee

… For the State

The petitioner’s grievance is that, although the primary accusedis absconding, the petitioner was charged with Sections 419/420/468/469/471/409 and 120B of the Indian Penal Code and has beenin custody for some time.

Learned counsel for the petitioner submits that Section 409 waswrongly clamped, since the petitioner does not come within thepurview of the said provision. Moreover, learned counsel for thepetitioner argues that, considering the nature of the offence, thepetitioner ought to be granted bail.

Learned counsel for the State-respondent submits that theoffence could be traced to the mobile phone of the petitioner, moreparticularly, to the IP address of the petitioner. As such, since thetrial is proceeding, it would not be prudent to enlarge the petitioneron bail at this stage.

Considering the nature of the offence and that the trial is on theverge of commencement, we are of the opinion that grant of bail to thepetitioner at this stage might influence the trial of the matter.

Accordingly, CRM 11296 of 2020 is dismissed.

Urgent photostat certified copy of this order, if applied for, bemade available to the petitioner upon compliance of all requisiteformalities.

(Sabyasachi Bhattacharyya, J.)

(Saugata Bhattacharyya, J.)