This is a short order rejecting an application for anticipatory bail under Section 438 Cr.PC. The High Court refused the prayer based on the gravity of the offences, dismissing the contention of false implication.
Prayer for anticipatory bail rejected. Applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT AT CALCUTTA
9.9.2020 ks/sk Item no.13 Rejected
Criminal Miscellaneous Jurisdiction
C.R.M. No.6323 of 2020
Debasish Ghosh
-vs-
The State of West Bengal with CRAN/1/ 2020
In Re : An application for bail under Section 438 Cr.PC in connection with Chandrakona P.S. Case No.303 of 2019 dated 25.08.2019 under sections 341/354(B)/506 of the Indian Penal Code and under Section 67 of the Information Technology Act, 2000.
Ms. Chandana Ghosh Ms. Kanakkiran Bandopadhyay …for the petitioner.
Mr. Tanmoy Kr. Ghosh Ms. Sima Biswas … for the State.
The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking.
The learned Advocate for the petitioner submits that the petitioner has been falsely implicated with this case and for the purpose of investigation the custodial detention of the petitioner is unwarranted.
Learned Advocate for the State produces the memorandum of evidence which includes the First Information Report as well as the search and seizure list.
We have taken into account the nature and gravity of the offence, we are not inclined to allow the prayer for anticipatory bail of the petitioner.
As such the prayer for anticipatory bail is rejected.
CRM 6323 of 2020 and CRAN 1/2020 are disposed of.
[ Tirthankar Ghosh, J] [Samapti Chatterjee, J]
2
1 issue framed by the court
Whether the prayer for anticipatory bail in connection with offences under sections 341/354(B)/506 IPC and section 67 IT Act should be allowed.
3 provisions across 3 enactments
Debasish Ghosh
The State of West Bengal
Tirthankar Ghosh
Samapti Chatterjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
