MUMTAZUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Memo of evidence submitted by the state is taken on record.

(2.) Submissions advanced on behalf of the learned counsel for the petitioner that the petitioner no.2, 3,4 and 5 are the students and aged in between 21 to 23 years and they have been falsely implicated in this case. The petitioner no.1 was neither arraigned as an accused person in the F.I.R and in the chargesheet no.3 of 2025 dated 17.2 .2025. In the supplementary charge sheet dtd. 17/5/2025, the present petitioner no.1 was arraigned as an accused person. His bail application was rejected earlier. Petitioner no.3 and 4 never approached this court for an order of bail. It is further contended that excepting Sec. 317(4) BNS other charges are triable by the Court of Learned Magistrate and the Sec. has been incorporated unnecessarily in the supplementary charge-sheet and it has thwarted the chance of bail to the petitioner. They are in custody for a prolong period and the charge-sheet has been submitted after completion of investigation hence further detention is not necessary. That apart prosecution witness will examine 57 witnesses and will rely upon 450 documents to prove the charges alleged during the trial so there is remotest possibility of conclusion of trial and this long incarceration certainly would lead to be violation of their right enshrined under Article 21 of the Constitution.

(3.) The prosecution on the other hand raises strong objection and submits that the fraudsters hacked the portal name and style 'Banglar Sikhsha Portal and changed the bank accounts and IFSC code of the students Bank Account which were uploaded by school authority earlier and input their desired bank account which they collected from their neighbours by giving false information to transfer of Rs.10,000.00 of each Bank account provided as Taruner Swapna Scheme 2024-25 for the students of class XI -XII by West Bengal Government and after credited the same the accused persons arrange to withdraw the same and benefitted . It is further submitted that the petitioners not only hacked the portal under the present scheme in respective one school, but a number of schools and students of those schools whose bank accounts were changed by using the IP address . The accused persons took data connection from Binary world under Alliance Broadband, Wish net, Vodafone and Airtel for changing the bank accounts at Bangla Shiksha portal. That apart they are habitual offenders and the petitioner no.1is the mastermind behind this entire conspiracy.