Bombay HC grants bail to ex-CEO of BARC in TRP rigging case

MUMBAI: The Bombay high court on Tuesday granted bail to Partho Dasgupta, former CEO of Broadcast Audience Research Council (BARC) accused in the TRP manipulation scam. Special public prosecutor Shishir Hirey had objected to the bail plea saying Dasgupta was the “mastermind” in the crime.
Justice P D Naik observed that 15 accused were arrested in the case and 14 granted bail.Dasgupta “cannot be incarcerated in custody till the arrest of another accused,” he said.
The HC directed Dasgupta’s release on a cash bail security of Rs 2 lakh. He has to deposit his passport, not tamper with evidence, visit the police DCB CID office once a month for six months and furnish the cash bail security within six weeks.
The HC observed that Romil Ramgarhia, COO of BARC, who according to the prosecutor also played an “active role in manipulation of TRPs,” Vikas Khanchandani, CEO of Republic TV and Vishal Bhandari, an employee of Hansa Research Group who “had spilled the beans about manipulation of TRPs” were all granted bail. The judge found it “relevant” that Bhandari “had not disclosed the involvement of (Dasgupta) in any manner.”
The judge said he had perused the documents. The FIR was filed on October 6, 2020 by Kandivli police and is “based on information provided by Bhandari.” The 4,000-page chargesheet includes witness statements and “purported WhatsApp chats between the accused,” the HC said. The HC said B N Mistry, arrested on October 6, was also granted bail. “He was allegedly involved and tagged as mastermind,” the court said.
“Material part of investigation is completed,” the trial court had said when granting Ramgarhia bail. Ramgarhia was arrested on December 17, 2020 and Dasgupta on December 24. Hirey had said Ramgarhia had disclosed Dasgupta’s “involvement.”
Dasgupta’s counsel Aabad Ponda and Shardul Singh said the 55-year-old “cannot be kept in custody indefinitely under the garb of further investigation.” They said his health was deteriorating and as the chargesheet had been filed, continued custody was no longer essential. They cited all the bail orders related to the co-accused, and said no advertiser had yet complained of being cheated. The prosecutor said a channel had sent BARC a notice.
Hirey had argued Dasgupta “was not entitled for parity as role attributed to the accused who were granted bail can be distinguished.” He said the state would be seeking cancellation of Ramgarhia’s bail. Hirey said Dasgupta had “admitted” to playing a role in “manipulation of TRPs” and “he also admitted a huge amount was received by him from the owner of Republic TV.” The prosecution pointed to ornaments recovered from Dasgupta. The HC said, “It is settled law that the statement of the accused made while in custody admitting guilt is inadmissible in evidence. Recovery of ornaments is linked to crime on inferences.”
The prosecution had expressed apprehension of Dasgupta tampering with evidence. The HC order recorded his submission that the question of tampering does not arise as he is no longer with BARC.