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2026 DAILYLAW 6586 (CAL)

OMAR FARUQUE v. STATE OF WEST BENGAL

CRM(M)/2027/2025 · 2026-02-17

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.02.2026 Serial no. 7 [G.S.D] CRM (M) 2027 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with SC No. 131 of 2025 in ST No. 26(9)/2025 being FIR No. 30 of 2024, Chandannagar Cyber Crime PS under Section 318(4), 316(2), 61(2), 317(4) and 66/66D IT Act, 2008. -And- In the matter of : Omar Faruque … Petitioner(s) Mr. Amit Roy Mr. Tanmoy Biswas Ms. Antara Mukherjee … for the Petitioner(s) Mr. Saibal Bapuli Mr. Anupam Dasadhikari … for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for 441 days and there has been no progress in the trial. Learned advocate added that till date only two witnesses have been examined out of the cited 53 witnesses. Learned advocate for the State opposes the prayer for bail and submits that State would examine 23 witnesses. The background of the case reflects that the State of West Bengal intended to subsidise and, to that effect, a sum of Rs.10,000/- per student was advanced for purchase of TAB of the students of the concerned school. However, the whole of the amount was swindled by a group of persons which is the subject-matter of investigation of the case. 2 The investigation, after facing the complicity involved in siphoning off whole of the amount, has finally reached to a destination where charge-sheet has been submitted. Learned advocate for the petitioner claims to be innocent. In the present case, there are some transactions obviously which entangle the petitioner with the chain of offence for illegally siphoning off the money. Having considered that social welfare scheme of the government has been destroyed at the behest of some cyber offenders in which the petitioner has allegedly been a part of the same, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Rejected. Earlier, in CRM(R) 52 of 2025, there were certain directions, the same directions obviously would apply to the present petitioner. Accordingly, CRM(M) 2027 of 2025 is dismissed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3