Bail application allowed for Dipu Das arrested under IT Act and IPC. Court granted bail citing mandatory 60-day custody limit for charge sheet. Conditions imposed regarding no contact with victim and appearing in investigation office.
Petitioner released on bail bond of Rs. 15,000 with one surety. Case diary returned.
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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GAHC010122552024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1767/2024
DIPU DAS
S/O SRI PRATAP CHANDRA DAS
PERMANENT RESIDENT OF VILL- BISHNUPUR, P.O. BHELLA, DIST. BARPETA, ASSAM, PIN-781309
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. SAILENDRA DEKA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
11.07.2024
Heard Mr. S. Deka, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned APP for the State.
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Gorchuk P.S. Case No.369/2023 under Sections 66-D/66-E/67-A of the Information Technology Act read with Section 387 IPC, has prayed for regular bail under Section 439 Cr.P.C.
i. The petitioner shall not make any attempt to meet the victim.
ii. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. iii. The petitioner shall not obstruct the smooth progress of the
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investigation/trial.
iv. The petitioner shall not misuse his liberty in any manner. v. The petitioner shall appear before the I/O within 15 (fifteen) days from the date of his release and he shall continue to appear once a month thereafter till his appearance is dispensed with or charge-sheet is filed, whichever is earlier.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is eligible for bail after 60 days of custody despite outstanding charges.
Whether the delay in filing the charge sheet justifies the grant of bail.
3 provisions across 3 enactments
Dipu Das
The State of Assam Rep by the PP, Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
