Calcutta High Court (Appellete Side)
Arnab Singha @ Abhi vs Unknown on 14 May, 2025
14.05.2025
Item No.6.
Court No.39
ss
(dismissed)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
CRM (M) 222 of 2025
In re : An Application for bail under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with
Special Case No.127 of 2024 which arose out of Baguiati Police
Station Case No.509/2024 dated 25.08.2024 under Section 95
of the Bharatiya Nyaya Sanhita read with Sections
4/6/12/14/15 of the Protection of Children from Sexual
Offences Act and Sections 66C/67A of the Information
Technology Act, pending before the learned Judge, Special
(POCSO) Court, Barasat, North 24-Parganas.
-And-
In the matter of : Arnab Singha @ Abhi
… Petitioner
Mr. Biswajit Manna
Mr. Rishav Kumar Thakur
Mr. Dattatreya Datta,
…for the petitioner
Ms. Rituparna De Ghose
Mr. Debanshu Ghorai
… …for the State
Learned Advocate for the petitioner submits that the entire
prosecution case is against the principal accused Tunir
Majumdar, who had relationship with the victim. As per the
prosecution the principal accused circulated the obscene video
photographs of the victim. The principal accused has been
granted bail by this Hon’ble Court by order dated 25th March,
2025. The present petitioner, who is in custody for 209 days,
stands on a better footing. There are discrepancies in the place of
occurrence. No expert’s report with regard to digital evidence has
been submitted by the prosecution as yet. He seeks for
enlargement of the petitioner on bail.
2
Learned Advocate for the State opposing such prayer for
bail submits that the mobile phone and WhatsApp chats
screenshots have been seized from the possession of this
petitioner. The victim has stated of an unknown person. The
obscene videos of the victim with the petitioner have been
circulated in the social media. She also informs that steps have
been taken for obtaining the expert’s report with regard to digital
evidence. She seeks for dismissal of the bail application.
Despite service none appears on behalf of the de facto
complainant.
Perused the case diary and materials on record.
The victim in her statement has stated that she was forced
into physical relationship with one unknown person and such
obscene videos were circulated. The mobile phone and the
WhatsApp chats screenshot messages have been recovered and
seized from the possession of the petitioner. The involvement of
the petitioner has transpired during the course of investigation.
The prosecution has taken steps for obtaining the FSL report
with regard to digital evidence from the Director, Cyber Forensics
& Digital Evidence Examiner. Considering the above materials
and bearing in mind nature and gravity of the offence, this Court
is not inclined to grant bail to the petitioner.
Accordingly, the bail prayer of the petitioner is rejected.
The application for bail being CRM (M) 222 of 2025
stands dismissed.
(Bivas Pattanayak, J.)
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