Calcutta High Court (Appellete Side)
Penal Code vs In Re : Manwara Sultana & Anr on 17 June, 2022
17.06.2022 114 sdas rejected C.R.M.(A) 2785 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Asansol Ciber Crime Police Station Case No. 31 of 2022 dated 25.05.2022 under Sections 419/420/406/468/471/120B of the Indian Penal Code.
And In Re : Manwara Sultana & Anr. ..... petitioners Mr. Santanu Majhi ... for the petitioners Mr. Sudip Ghosh Mr. Apurba Kumar Datta ... for the State Ms. Sofia Nesar .... for de facto complainant Learned Counsel appearing for the petitioners submits that there was a love affair between the parties. Money was transferred in the account of petitioner no. 2 out of love anad affection.
Learned Counsel appearing for the State opposes the prayer for bail and submits that petitioners had made fraudulent representation to obtain licence from excise department. They had created fake website to mislead and cheat the defacto complainant.
Learned Counsel appearing for the de facto complainant also opposes prayer for anticipatory bail.
We have considered the materials on record. Petitioners had entered into a conspiracy and created a fake website in the name of the Excise Department. On the strength of false and 2 fraudulent representation of procuring excise licence they cheated the de facto complainant.
Keeping in mind the gravity of the allegations, we are of the opinion that custodial interrogation of the petitioners are necessary for unravel ramifications of the crime and for recovery of misappropriated money.
Accordingly, prayer for anticipatory bail is rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)