Calcutta High Court (Appellete Side)
467/406/379/500/376/493 Of The Indian ... vs In Re: Sk. Orion Ali on 14 June, 2022
14.06.2022 Sl. No.33 akd [ALLOWED] C. R. M. (DB) 1618 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.06.2022 in connection with Cyber Crime Police Station Case No. 14 of 2022 dated 23.02.2022 under Section 66C of the Information Technology Act read with Sections 467/406/379/500/376/493 of the Indian Penal Code.
And In Re: Sk. Orion Ali ... ... Petitioner Mr. Sandipan Ganguly .. Sr. Advocate Mr. Dipayan Kundu Mr. Avinabe Patra ... ... for the petitioner Ms. Anasuya Sinha Mr. Pinak Kumar Mitra ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 77 days. It is further submitted allegation of rape is out and out false and was not levelled in the FIR.
Learned advocate appearing for the State opposes the prayer for bail and submits petitioner had suppressed his marital status and cohabited with the de-facto complainant victim. Investigation with regard to electronic evidence collected is still in progress.
We have considered the materials on record. Statements show petitioner and the de-facto complainant had an intimate relation for a period of time. Whether the de-facto complainant was unaware of the marital status of the petitioner requires to be assessed in the light of the aforesaid circumstance during trial. Electronic hardware i.e. laptop etc. of the petitioner has already been seized. Under such circumstances, we are of the opinion further detention of the accused/petitioner for progress of investigation is not necessary and he may be enlarged on bail however, subject to conditions. 2 Therefore, the accused/petitioner, namely Sk. Orion Ali, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall meet the Investigating Officer once in a week until further orders and shall not directly or indirectly access the de-facto complainant through digital means or otherwise.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)