The Court rejected an application for anticipatory bail filed by Moutusi Saha. Finding prima facie incriminating material, the Court denied the prayer due to the nature of the offence and potential complicity.
Application for anticipatory bail dismissed.
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04.10.2021 Item no. 10 Court No.32. S.De (Rejected)
(Via Video Conference)
CRM No. 5111 of 2021
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 03.08.2021 in connection with Cyber Police Station Case No. 30 dated 26.02.2021 under Sections 65, 66, 66D read with 43 of the Information Technology Act, 2000 and Sections 120B, 420, 465. 468 and 471 of the Indian Penal Code.
And
In the matter of : Moutusi Saha.
……Petitioner.
Mr. Ram Dulal Manna, Advocate, Ms. Saswati Ghosh Sinha, Advocate, Mr. Sayan Mukherjee, Advocate,
……for the Petitioner.
Mr. Bivas Chatterjee, Advocate, Mr. Anushree Mondal, Advocate,
……for the State.
The petitioner says that her husband is the prime accused. Her husband was a commission agent of the complainant. Erroneously, more money than what was due to the husband was transferred to the account of the husband. The petitioner has no role to play in the alleged offence.
We have seen the material in the case diary. There are prima facie enough incriminating material against the petitioner. The petitioner’s husband was in custody for 48 days and only thereafter he was granted bail.
2
In view of the nature of the offence and the possible extent of complicity of the petitioner therein, we are not inclined to allow the petitioner’s prayer for anticipatory bail.
Accordingly, CRM 5111 of 2021 is dismissed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Bivas Pattanayak, J.)
(Arijit Banerjee, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner given the prima facie incriminating material and the nature of the offence.
Whether the petitioner had any complicity in the alleged offence committed by her husband.
3 provisions across 3 enactments
Moutusi Saha
State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
