Toolkit Case : Goa Based Activist Subham Kar Chandhuri Granted 10 Days Transit Anticipatory Bail By Bombay High Court

The Bombay High Court (Goa Bench) on Wednesday granted 10 days transit anticipatory bail to Goa based activist, Subham Kar Chandhuri, member of the organization "Extinction Rebellion", apprehending arrest in connection with the Toolkit case.

A single bench of Justice M.S. Jawalkar granted the protection to Chandhuri after an application under sec. 438 CrPC was filed by him seeking transit anticipatory bail in connection with the FIR no. 49/2021 registered by Delhi Police's Cyber Crime Cell under sec. 124A, 153A and 120B of IPC.

"The apprehension of arrest is made out by the applicant. The reasons for apprehension of arrest is justified in the facts and circumstances set out. Admittedly, FIR is lodged at New Delhi and any regular application for anticipatory bail under sec. 438 of CrPC would be considered by the competent court at Delhi. Therefore, the applicant is entitled for protection by way of granting transit bail to approach the competent authority for seeking appropriate reliefs." The order states.

Advocates CA Ferreira and  Ryan da Piedade Menezes appeared on behalf of Subham Chandhuri whereas Public Prosecutor S.G. Bhobe appeared for the State.

It was submitted by the applicant that he was "falsely implicated" in the case and has no connection with the toolkit and any of the offences made out in the said FIR.

Reliance was made on the Bombay High Court order granting 10 days transit anticipatory bail to Shantanu Muluk which is now been extended by the Delhi Court till 9th March.

Similar reliance was made on the grant of transit anticipatory bail of three weeks being given to Nikita Jacob by the Bombay High Court and also the bail granted to Disha Ravi by Additional Sessions Judge, Dharmender Rana vide order dated 23rd February 2021.

"Protection is granted for a period of 10 days from today i.e. from 03.03.2021 to 12.03.2021 in order to enable the applicant to approach the competent court for seeking appropriate reliefs." The order reads.

Chandhuri has been granted the bail on furnishing bond in sum of Rs. 50,000 with one surety or more sureties in like amount.

It is pertinent note that the two accused, Shantanu Muluk and Nikita Jacob, had moved Delhi Sessions Court seeking anticipatory bail on the expiry of their transit anticipatory bail protection. Their anticipatory bail pleas will be heard simultaneously by Additional Sessions Judge, Dharmender Rana on 9th March 2021.

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