Sona Deka v. The State of Assam

ORDER Date : 26-07-2024 Heard Mr. R Sharma learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. PP, Assam. By this application under Section 438 Cr.P.C., the petitioner, namely, Sona Deka has prayed for pre arrest bail who is apprehending Page No.# 2/2 arrest in connection with Panbazar PS Case No.95/2024 under section 420 IPC read with section 63 of Copyright Act, 104 of Trade Mark Act. It is alleged in the FIR that the pirated/duplicated version of NCERT text books are being sold in the market of Guwahati, causing great revenue loss to the government. This court vide order dated 17.05.2024 granted interim bail to the petitioner while calling for the case diary. Case diary called for is received. Perused the same. From the materials available on record, it is seen that the petitioner has cooperated with the investigation and his statement has also been recorded. The materials so far collected by the investigating officer against the above named petitioner, in the considered opinion of this court, do not warrant custodial interrogation of the petitioner in this case, inasmuch as, the petitioner has co-operated with the investigating authority and there is no allegation that he tried to hamper and tamper with the investigation. Therefore, in the totality of the matter, the interim protection granted under order dated 17.05.2024 is made absolute with the same terms and conditions. The pre-arrest bail application stands disposed off. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010097792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1270/2024 SONA DEKA S/O SRI KAMESWAR DEKA, R/O H/NO. 15, BYELANE-1, BELTOLA, LAKHI MANDIR, LAKHIMI NAGAR, P.S.-BASISTHA, DIST- KAMRUP (M), ASSAM- 781028 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY