PALASH TEWARI Vs

The petitioner is seeking bail in connection with a case relating to offences punishable under Sections 417/376/506 of the Indian Penal Code.

Mr. Shib Prasad Tewari, father of the petitioner is present in person. He submits that his son was falsely implicated in the instant case and the allegations of blackmailing the victim by circulating obscene photographs on the social networking site are patently absurd.

Investigating Officer namely, Mr. Rasik Ch. Singh Bhuiya, S.I., Kotulpur Police Station is present in person and produces the case diary.

We have noted the contents of the case diary including the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure.

We find that no electronic evidence was collected relating to circulation of obscene photographs on the internet.

In view of the aforesaid fact and the period of detention suffered by the petitioner i.e. 73 days, we are of the opinion that further detention for the purpose of investigation of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Palash Tewari, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bishnupur at Bankura subject to condition that the said petitioner shall not enter the jurisdiction of Kotulpur Police Station save and except for the purpose of cooperating with the Investigating agency until further orders and he shall provide the address where he shall presently reside to the Investigating Officer as well as the Court below and shall report to the Officer-in-charge of the police station within whose jurisdiction he shall presently reside once in a week until further orders and shall not intimidate witnesses nor tamper with evidence in any manner whatsoever.

The application for bail, thus, stands allowed.