The Gauhati High Court granted pre-arrest bail to the petitioner, Ranjan Das, in a cheating and cyber crime case. The court found that the nature of evidence, being intimate photos via WhatsApp, did not require custodial interrogation, thus making the interim bail absolute.
Pre-arrest bail granted; interim bail made absolute on same terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010225542018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3154/2018
1:RANJAN DAS
S/O- SRI SUBHASH DAS, R/O- VILL NO. 1 GORESWAR, P.O- GORESWAR, P.SGORESWAR, DIST- BAKSA, ASSAM, PIN- 781368
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R C DAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 09-01-2019
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Ranjan Das, in connection with Dudhnoi PS Case No. 116/2018 registered under Sections 419/500/506 of the IPC read with Section 66(D)/67(A) of the IT Act.
Heard Mr. SC Das, learned counsel for the accused-petitioner as well as Mrs. A Begum, learned Additional Public Prosecutor, appearing for the State of Assam.
Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court.
The accused-petitioner has been on interim pre-arrest bail w.e.f. 05.10.2018 and he is not alleged to have misused the liberty granted to him while availing the interim pre-arrest bail. In the
Page No.# 2/2
meantime, the accused-petitioner has appeared before the Investigating Police Officer and got his statement recorded.
On perusal of the case diary, it has not come out specifically as to what kind of photographs of the intimate moment between the victim and the accused-petitioner was transmitted through Whatsapp messages. That being so, custodial interrogation of the accused-petitioner is not necessary. Therefore, he is granted the privilege of pre-arrest bail.
Accordingly, the interim pre-arrest bail granted to the accused-petitioner, on 05.10.2018, is made absolute on the same terms and conditions.
This petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused was entitled to pre-arrest bail under Section 438 of the Cr.PC without necessity for custodial interrogation.
3 provisions across 3 enactments
Ranjan Das
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
