This order grants pre-arrest bail to the petitioner in a case involving cheating and unlawful downloading of indecent photographs, noting no evidence of offending images and no need for custody.
Petitioner granted privilege of pre-arrest bail; interim bail made absolute.
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.
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GAHC010010302021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/214/2021
SUBRATA DAS @ KANAI
S/O ANIL DAS, R/O VILL. AND P.O. ASHARI KANDHI, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN 783380
VERSUS
THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM.
Advocate for the Petitioner : MRS. B GOGOI
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
05-03-2021
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Subrata Das @ Kanai, in connection with Abhayapuri Police Station Case No.1010/2020 registered under Section 420 of the Indian Penal Code, read with Section 67 of the Information Technology Act, 2000.
Heard Ms. B. Gogoi, learned counsel for the petitioner. Also heard Mr. N.K. Kalita, learned Additional Public Prosecutor, Assam appearing for the Respondent State.
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Case diary produced has been perused.
On perusal of the case diary, it does not appear to this Court that there is any indecent photograph of the victim taken by the petitioner. The photographs available in the case diary do not subscribe to the allegation of taking indecent photographs of the victim by the petitioner. Insofar the alleged offence punishable under Section 420 of the Indian Penal Code is concerned, there is no material in the case diary requiring the custodial interrogation of the petitioner. Hence, he is granted the privilege of pre-arrest bail.
The interim pre-arrest bail granted to the petitioner on 01.02.2021 is made absolute by this order on the same terms and conditions.
The bail application stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether conditional pre-arrest bail should be granted to the accused considering the lack of material for custodial interrogation.
3 provisions across 3 enactments
Subrata Das @ Kanai
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
