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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA
Kurt Mansharamani – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview of the bail cancellation application (Para 1) |
| 2. background of the cybercrime allegations and evidence (Para 2 , 3) |
| 3. considerations for granting or canceling bail (Para 4 , 5 , 6) |
| 4. significant evidence linked to serious cybercrime (Para 7 , 8 , 9 , 10) |
| 5. court's evaluation of the bail order and reasoning (Para 11 , 12 , 15 , 16) |
| 6. legality and reasoning related to co-accused bail status (Para 13 , 14) |
| 7. final order on the bail cancellation application (Para 17 , 18 , 19 , 20) |
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.
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.
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