Shyamanta Das Vs the State of Assam

2. The petitioner, namely, Shyamanta Das , son of Madhav Ch. Das, resident of VillageNapamua Azad, Police Station-Panigaon, District-Lakhimpur has filed this application under Section 483 BNSS, 2023, on 01.03.2025 seeking bail in Dispur Police Station Case No.129/2025 corresponding to G.R. No. 827/2025 registered under Sections 61(2)/319(2)/308(4)/356(2)/329(3)/351(2) BNS, 2023, read with Section 66 of IT Act, 2000, in which, he was arrested on 12.02.2025 and is in custody since then.

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3. As per the FIR dated 11.02.2025 lodged by the complainant before the Dispur Police Station, the case is that, the petitioner called him over his mobile phone, introduced himself as State Secretary of Anti Corruption and asked him to met him. The petitioner threatened him that otherwise, he shall publish a news concerning an audio recording between the complainant and another accused person of the case, who is a friend of him (the complainant). As the complainant did not meet the petitioner, on the same day, i.e., 11.02.2025, another accused person of the case called upon the complainant, introduced himself as a journalist of a news portal and told that if he does not pay an amount of Rs.15,00,000/-, he shall upload an audio clip in the digital pages (audio version) of one particular news portal. Subsequently, the accused persons of the case uploaded the concerned clip, a discussion over mobile phone between the complainant and one of the accused persons of said Dispur P.S. Case No.129/2025. Accordingly, Dispur P.S. Case No.129/2025 corresponding to G.R. No. 827/2025 under Sections 61(2)/319(2)/308(4)/356(2)/329(3)/351(2) BNS, 2023, read with Section 66 of IT Act, 2000 was registered.

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4. Perused the case diary placed before the Court today by Mr. B. Sarma, learned Addl. PP.

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5. It is seen that during investigation of the case, police in said Dispur P.S. Case No.129/2025 have already arrested the petitioner and three other persons involved in such uploading of audio version between the complainant and one of the accused person of the case.

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6. It is seen from the case diary that the mobile phone of the petitioner and other accused persons of the case as well as the computer by which the concerned audio clip was uploaded in the news portal was already seized by police.

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7. Considering such materials in the case diary and the period of detention of the petitioner in custody since 12.02.2025, this Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Dispur P.S. Case No.129/2025. As such, this bail application of the petitioner in said Dispur P.S. Case No.129/2025 is accepted.

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8. Accordingly, the petitioner, namely, Shyamanta Das , son of Madhav Ch. Das is granted bail in said Dispur P.S. Case No.129/2025 on furnishing a bail bond of Rs. 75,000/- with two local sureties each of the like amount, one of which shall be a Government Employee, either State or Central Government to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on conditions that the petitioner –

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(i) shall appear before the Investigating Officer of said Dispur P.S. Case No.129/2025 as and when he is required for necessary investigation of said Dispur P.S. Case;

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(ii) shall not leave the territorial jurisdiction of the Dispur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case;

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(iii) shall not hamper with the investigation or tamper with the evidence of the case;

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(iv) 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 them from disclosing such facts to the Court or to any police officer and

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(v) shall not indulge himself in any such criminal activities in future, failing which, the bail granted to him in said Dispur P.S. Case No.129/2025 shall stand automatically vacated.

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9. Any violation of the aforesaid terms and conditions by the petitioner, Shyamanta Das , the bail granted to him in the aforementioned Dispur P.S. Case No.129/2025 shall stand automatically vacated.

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10. Bail application stands allowed to the extent above.

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11. Return the case diary.

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JUDGE

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Shyamanta Das v. the State of Assam

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Shyamanta Das v. the State of Assam

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