Calcutta High Court (Appellete Side)
354C/376/417 Of The Indian Penal Code vs In Re : Niladri Shekhar Dandapat on 9 December, 2020
09.12.2020 20 Sdas allowed CRM 10033 of 2020 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bidhannagar Cyber Crime Police Station Case No. 65 of 2020 dated 09.08.2020 under Sections 354C/376/417 of the Indian Penal Code.
And In Re : Niladri Shekhar Dandapat ...... petitioner Mr. Sandipan Ganguly, Sr. Adv.
Mr. Ayan Basu Mr. Anand Fermania .....for the petitioner Mr. B. Chatterjee ..... for the State Learned Counsel appearing for the petitioner submits that the parties are major and had cohabited consensually.
Learned Counsel appearing for the State opposes the prayer for bail and submits that victim lady had been compelled to sexual intercourse by blackmailing her with surreptitious video footages of intimate acts.
We have considered the materials on record. It appears that the parties had met each other on a social media site which promotes free and intimate relationship between consenting adults. In view of the aforesaid conduct of the parties we are of the opinion whether video footages were made without consent or knowledge of the victim lady may be assessed at the appropriate stage of the proceeding. Admittedly such footages are in the custody of the investigating agency and their authencity is to be proved during trial.
2Under such circumstances, we are of the opinion continued detention of the petitioner pending trial is not necessary. However, movement and electronic access of the petitioner is required to be restricted in order to instill confidence in the mind of the victim lady.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas, subject to the condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that while on bail the petitioner shall not leave the jurisdiction of New Town Police Station until further orders except for attending Court proceeding and shall report to the Officer-in-Charge of the concerned Police Station once in a week until further orders and shall not take step to contact the victim lady personally or via electronic mode in any manner whatsoever.
In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court.
The application for bail is, accordingly, allowed. Needless to mention that the trial court shall proceed with the trial particularly examination of the victim at the earliest. (Suvra Ghosh, J.) (Joymalya Bagchi, J.) 3