Mumbai, Maharashtra – February 14, 2022 – Sukant Biswas has been granted bail in a case involving cyber stalking and the distribution of obscene material, registered at L.T. Marg Police Station (C.R. No. 42 of 2021). The Additional Sessions Judge, Sanjashree J. Gharat, of the Sessions Court for Greater Bombay, approved Biswas’s bail application (Bail Application No. 168 of 2022) citing his period of judicial custody and the completion of the necessary investigation.

Background of the Case:

Biswas was arrested and charged under Sections 354(A)(3) (making remarks such as unwelcome and sexually colored remarks), 354(D) (stalking), and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code (IPC) and Sections 67 (publishing or transmitting obscene material in electronic form) and 67-A¹ (publishing or transmitting of material containing sexually explicit act, etc., in electronic form) of the Information Technology Act, 2000.²

Allegations and Arrest:

According to the FIR, the complainant, using the Facebook account “Anika Pal,” shared her mobile number on the platform. She allegedly received calls from an unknown number inquiring about Ankita Pal. Despite trying to disconnect, the caller sent friend requests and nude photographs. The complainant then received repeated calls for friendship and video calls. She discovered her number had been shared on social media, leading to further calls. The investigation traced the account to Biswas, who was arrested in West Bengal.

Defense Arguments:

Mr. Jitendra Mishra, representing Biswas, argued that his client was falsely implicated. He stated that Biswas’s previous bail applications had been rejected by the Metropolitan Magistrate and that he had no role in the offense. He also argued that a notice under Section 41-A of the Criminal Procedure Code (Cr.P.C.) had not been served. He contended that since Biswas did not circulate objectionable photographs, Section 67 of the Information Technology Act was not applicable, citing a Bombay High Court ruling in Pramod Anand Dhumal vs. The State of Maharashtra. He further stated that Biswas was ready to abide by bail conditions.

Prosecution’s Counter-Arguments:

Ms. Kalpana Hire, the Additional Public Prosecutor (APP), opposed the bail application, stating that Biswas forwarded objectionable messages and photographs from social media to the complainant and other women. She noted that Biswas’s mobile phone was switched off and that the investigation was ongoing. She argued that granting bail would lead to witness tampering and threats to the victim and witnesses.

Court’s Observations and Decision:

Judge Gharat noted that Biswas was arrested based on the complainant’s FIR against an unknown accused on December 31, 2021. His mobile phone had been recovered, and he had been in judicial custody for 45 days. The court concluded that custodial detention was no longer required for further investigation.

“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,” Judge Gharat stated in her order.

The court granted bail, emphasizing the need to ensure Biswas’s attendance at the trial and to prevent him from repeating the offense.

Bail Conditions:

The court granted bail to Biswas, subject to the following conditions:

• He must furnish a Personal Recognizance (PR) bond of Rs. 30,000 with one or more solvent sureties of the same amount.
• He must visit L.T. Marg Police Station once a week (every Monday between 4:00 PM and 6:00 PM) and maintain a diary of his visits until the trial concludes.
• He must not leave Maharashtra without prior court permission.
• He must submit proof of his residential address, phone number, Aadhaar card, and election card (if any).
• He must not involve himself in any crime; if found, his bail may be canceled.
• He must not tamper with prosecution evidence or witnesses.
• He must not directly or indirectly induce, threaten, or promise any person acquainted with the case.
• He must attend all court dates.
• He must not visit the residences of prosecution witnesses or contact them.
• Violation of any condition may lead to bail cancellation.

Significance of the Ruling:

This ruling highlights the court’s consideration of the accused’s period of judicial custody and the completion of the necessary investigation when deciding bail applications in cybercrime cases. The court’s decision underscores that in cases where the investigation is complete and the accused has been in custody, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering or further offenses.

Key Factors in the Bail Grant:

• Period of judicial custody.
• Recovery of the mobile phone.
• Completion of the necessary investigation.
• Conditions to ensure Biswas’s presence and prevent witness tampering or further offenses.

Future Proceedings:

The trial will proceed in the Sessions Court. The prosecution will be required to prove the charges against Biswas beyond a reasonable doubt. The court will monitor Biswas’s compliance with the bail conditions.