High CourtsDivision Bench

In The Matter Of : Avishek Dutta Roy vs State

Calcutta High Court · Decided on 30 July 2020 · Citation: (2020) 07 CAL CK 0017

HON’BLE JUDGES
Bibek Chaudhuri, J · Soumen Sen, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 41A, 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 4954 Of 2020, Criminal Application No. 3180 Of 2020
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Judgment

14 paragraphs · 275 words

The learned Advocate on record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within 48 hours of

resumption of the normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

The interlocutory application, being CRAN 3180 of 2020, is thus disposed of.

The petitioner is a news reporter of ETV Bharat. He published a news report to the effect that there was an explicit photo shoot being conducted in a

resort at Sonajhuri. After the said reprot was aired in the channel, one Ganesh Ghosh lodged a complaint against him stating inter alia that he falsely

published the said news in the electronic media to defame the resort where such photo shoot was allegedly being conducted. On the basis of such

complaint the petitioner was called at Santiniketan Police Station under Section 41A of the Code of Criminal Procedure. He duly attended the police

station and then rushed to the Court for filing anticipatory bail as he apprehended arrest.

On perusal of the report published by the petitioner we prima facie found that no criminal act has been committed by him. Therefore, we are inclined

to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail subject to furnishing a personal bond of Rs.2,000/- (Rupees

two thousand) to the satisfaction of the arresting officer and subject to the conditions as laid down in Section 438(2) of the Code of Criminal

Procedure.

The application for anticipatory bail, being CRM 4954 of 2020 and CRAN 3180 of 2020 are allowed.