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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 168 OF 2022
(CNR NO. MHCC020008482022)
Mr. Sukant Biswas
) … Applicant / Accused
Versus
State of Maharashtra
(Through L.T. Marg Police Station)
)
) … Respondent
Ld. Adv. Jitendra Mishra for Applicant /Accused.
Ld. APP. Kalpana Hire for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 14.02.2022.
ORDER
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 42 of 2021 registered with L.T. Marg Police Station for the offences
punishable under Sections 354 (A)(3), 354(D), 509 of I.P.C. and under
Sections 67, 67A of Information Technology Act, 2000.
2.
As per FIR, the complainant is having Facebook Account in
the name of Anika Pal and she shared her mobile number on her
Facebook Account. It is alleged that on 23.02.2021 she received the call
from unknown number making inquiry about Ankita Pal. At that time,
the complainant tried to disconnect the phone saying wrong number.
However, the unknown person started making friend request. So also,
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she received the nude photographs on her mobile number. The
complainant initially ignored the said fact. However, she started
receiving repeated phone calls for having friendship and insisting for
video call. At that time, the complainant found that same unknown
person shared her mobile number on social media. Therefore, she
started receiving the phone call from unknown numbers. Hence, she
filed the present complaint. Thereafter, the investigation was started
and the efforts were made to trace the Accused based on the mobile
number provided by the complainant. After communication with Law
Enforcement Officer, Facebook it revealed that the said account stands
in the name of Accused. Thereafter, the correspondence was made to
the Service Provider and the address of Applicant was found.
Accordingly, the Applicant came to be arrested from West Bengal.
3.
The Applicant / Accused claims bail on the ground that he
is falsely implicated in the present offence. It is submitted on behalf of
Applicant that his two bail applications came to be rejected by the
Metropolitan Magistrate and he has no role to play in commission of
offence. So also, Notice u/s. 41A of Cr.P.C. is not served. It is further
submitted that since the Applicant not circulated any objectionable
photographs, the provisions u/s. 67 of Information Technology Act is
not applicable and relied on observations made by Hon’ble Bombay
High Court in case of Pramod Anand Dhumal vs. The State of
Maharashtra in ABA No. 1114 of 2020. The Applicant further
submitted that he is ready to abide the conditions of bail.
4.
The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that the Accused
forwarded various objectionable messages and photographs from Social
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Media to complainant and other ladies. Moreover, the mobile phone of
Accused found switched off. The investigation is in progress. Therefore,
if the Accused is granted bail, then there will be every possibility that
Accused will tamper with the prosecution evidence. So also, there is
every possibility that he will threaten the victim and prosecution
witnesses. Therefore, the prosecution strongly objected for release of
Accused on bail.
5.
After going through the Prosecution case and argument
advanced it appears that the Accused came to be arrested based on the
complaint filed by the complainant against unknown Accused on
31.12.2021.
During course of investigation the mobile phone of
Accused is already recovered. The Accused is in judicial custody for last
45 days. In order to carry out further investigation, the custodial
detention is not required. However, the Accused came to be arrested
from West Bengal after collecting the necessary information from
various authorities. The Accused being resident of West Bengal it is
necessary to see that he should attend the matter after release on bail.
Moreover, the Accused is involved in stalking woman and sharing the
nude photographs with intent to outrage the modesty of woman.
Therefore, it is necessary to direct the Applicant to refrain himself from
repetition of said offence. Looking into the nature of allegations, I
hereby proceed to pass following order :
ORDER
1.
The Bail Application No. 168 of 2022 is hereby
allowed.
2.
The Applicant / Accused Sukant Biswas be
released on bail, in C.R. No. 42 of 2021 registered by L.T.
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Marg Police Station on furnishing P.R. Bond of Rs. 30,000/
(Rs. Thirty Thousand only) with one or more solvent
sureties in the like amount.
3.
The Applicant is further directed to visit L.T. Marg
Police Station once in a week, i.e. every Monday between
4.00 to 6.00 p.m. and to maintain the diary in respect of
the visit till conclusion of trial.
4.
The Applicant shall not leave Maharashtra State
without prior permission of the Court.
5.
The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and
Election Card, if any.
6.
The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
7.
The Applicant is further directed not to tamper
with the prosecution evidence or witnesses.
8.
The Applicant shall not directly or indirectly, make
any inducement, threat or promise to any person
acquainted with the facts of the case, so as to dissuade him
from disclosing such facts to the Court or to the Police
Officer.
9.
The Applicant shall regularly attend the case on
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each and every date.
10.
The Applicant is further directed not to visit the
place where Prosecution witnesses are residing or to
contact them.
11.
In case of the violation of condition of bail the
prosecution is at liberty to file an application for
cancellation of bail.
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
Date : 14.02.2022.
Dictation Typed on
Checked & Signed on
: 14.02.2022.
: 18.02.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
18.02.2022 at 3.10 pm
UPLOAD DATE AND TIME
Name of the Judge (With Court
room no.)
Date
of
Pronouncement
of
JUDGMENT/ ORDER
JUDGMENT/ORDER signed by P.O.
on
JUDGMENT/ORDER uploaded on
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
SMT. SANJASHREE J. GHARAT
(C.R. No. 39)
14.02.2022
18.02.2022
18.02.2022