Indrani Pratim Mukherjea v. Central Bureau of Investigation
In the High Court of Bombay
Crl. B.A. 986/2020
Before Justice Nitin W. Sambre
Decided on November 16, 2021

Relevancy of the case: Bail application in a case involving murder, cheating, forgery, and online defamation

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66A)
• The Indian Penal Code, 1860 (Section 120B, 364, 302, 307, 328, 201, 203, 420, 468, 471)

Relevant Facts of the Case

• The prosecution alleges that the applicant, along with the co-accused, hatched a criminal conspiracy to murder Sheena Bora after her abduction.
• The main accused, Shyamvar Rai, turned approver and implicated the applicant and others in the crime.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that:
  • The applicant has been in custody for about six years, and even though the trial has commenced, it is likely to take a substantial period.
  • The evidence so far does not point to the applicant’s involvement in the crime, and she deserves bail considering her incarceration and health condition.
• The respondent’s counsel argued that:
  • The applicant is the prime accused, with enough material indicating her involvement in the crime.
  • The prosecution opposes bail based on the seriousness of the charges and the evidence on record.

Opinion of the Bench

• The court acknowledged that despite the trial’s delay due to the pandemic, the prosecution had provided adequate medical care to the applicant, leading the bench to agree with the trial court’s decision.
• The trial is proceeding on a daily basis, and the applicant’s release is likely to hamper further prosecution.

Final Decision

• The court rejected the bail application.