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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA
Kurt Mansharamani – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Jay Sengupta, J.
1. This an application challenging an order dated 25.06.2025 passed by the learned Chief Judge, City Sessions Court, Calcutta in Criminal Misc. Case No. 57 of 2025, thereby cancelling the bail granted to the petitioner vide order dated 03.04.2025 passed by learned Chief Judicial Magistrate, Calcutta in connection with GR(S) Case No. 255 of 2025 corresponding to Cyber PS/BFS, DD Case No.15 dated 06.03.2025 under Sections 61(2)/319(2)/318(4)/308(2)/336(2)/336(3)/338/340 of BNS and Sections66E/66D/66 read with Section 43 of the IT Act, 2000.
2. Learned senior counsel appearing on behalf of the petitioners submits as follows. The petitioners were arrested on 10.03.2025 in connection with Cyber PS/BFS, DD Case No.15 dated 06.03.2025 under Sections 61(2)/319(2)/318(4)/308(2) of BNS and 66E/66D, 66 read with section 43 of IT Act, 2000. On 11.03.2025, the petitioners were produced before the learned Magistrate with a prayer for PC till 24.03.2025. On the basis of such prayer, PC was allowed upto 20.03.2025 and the learned Magistrate directed to produce the petitioners on 21.03.2025. On 21.03.2025, the petitioners were again produced with a prayer for PC till 25.03.
Bail can be canceled when the alleged offenses are serious and involve factors like potential evidence tampering and the gravity of charges, necessitating a higher criterion for granting bail.
In bail applications concerning severe allegations of cyber fraud, the court must consider the risk of the accused absconding, especially when allegations involve significant sums and forged document....
The court emphasized that bail should be denied if the accused's conduct poses a risk to the judicial process, particularly in cases involving serious offences and repeated criminal activity.
The court emphasized that the right to liberty must be balanced against the seriousness of allegations and the duration of custody, allowing bail when no previous criminal record exists.
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