Calcutta High Court (Appellete Side)
Act vs In Re : Sachin Toshniwal on 19 September, 2023
19.09.2023
tkm/ct 28 C.R.M. (DB) 3633 of 2023
sl no. 45
In Re : An application for bail under section 439 of the Code of Criminal
Procedure in connection with Bidhannagar Cyber Crime P.S. Case No. 98
of 2022 dated 23.6.2022 under sections
419/420/467/468/469/471/120B/34 IPC and sections 66/66D of the IT
Act
and
In Re : Sachin Toshniwal ........ petitioner
Mr. Pawan Kr. Gupta
Mr. Anjan Dutta
Ms. S Nesar
Mr. S Sett
...... for the petitioner
Mr. M Sur
Mr. D Paramanick
...... for the State
1.Petitioner is in custody for 446 days. He submits there is no progress in the matter. He prays for bail.
2. Learned lawyer for the State submits petitioner had entered into a conspiracy and personated as representatives of Microsoft Corporation in order to cheat foreign nationals. Defence had resorted to various dilatory tactics to delay trial.
3. We have considered the materials on record. Prosecution case discloses unlawful activities of an organized cyber crime gang having transborder impact. Petitioner and co-accused had personated themselves as representatives of M/s. Microsoft Corporation (India) Pvt. Ltd. who cheated foreign nationals.
4. Ordinarily in a matter involving offences triable by magistrate we would have taken a different view but in view of transborder implications, we are not inclined to grant bail to the petitioner on merits.
2
5. On the score of delay, we note the case is engineered through dilatory tactics adopted by the defence. Inspite of various subterfuges adopted by them trial has commenced and one witness has already been examined.
6. Hence we are not inclined to grant bail on the ground of delay too.
7. Accordingly, the prayer for bail is rejected at this stage. (Ajoy Kumar Mukherjee, J.) (Joymalya Bagchi, J.)