Anupal Dutta v. The State of Assam

ORDER Date : 10.10.2023

Heard Mr. S.Nawaz, learned counsel for the petitioner. Also heard Mr. B.Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent and Mr. D. Banerjee, learned counsel for the informant.

¶2This petition under Section 439 Cr.P.C., is filed praying for release of the petitioner, namely, Anupal Dutta on bail in connection with Nagaon PS Case Page No.# 2/3 No.782/2023 under Sections 354/500/509/469 of the IPC r/w Section 67-A of the I.T. Act.

¶3It is submitted that an FIR dated 22.08.2023 was lodged by the informant where it is alleged that the informant had uploaded a picture in social media (Facebook) of herself wearing sportswear. After few hours, she found that her picture was being morphed and was circulated and made viral in the social media. The picture of the informant was morphed showing her without any wearing apparels. It is further stated in the FIR that from the data available in Facebook, it is revealed that the morphed picture was uploaded from Nagaon District in the State of Assam.

¶4The FIR was registered as Nagaon PS Case No.782/2023 under Sections 354/500/509/469 of the IPC r/w Section 67-A of the I.T. Act and during the course of investigation, the petitioner was taken into custody. Since his date of arrest on

23.08.2023, he has been in custody.

¶5It is submitted by the learned counsel for the petitioner that it not clear as to who morphed the picture of the informant. But in any event of the matter, he had fully co-operated with the investigation during his custody and his further custodial detention is not required for the investigation of this case. .

¶6This Court by earlier order dated 19.09.2023, had called for the case dairy. And Mr. B. Sarma, learned Addl. P.P has produced the case diary before this Court as called for. The prayer for bail is objected to by the learned counsels appearing for the respondents.

¶7The case diary as called for has been produced and has been carefully perused.

¶8Upon perusal of the case diary, it is seen that during the investigation, there Page No.# 3/3 are materials available in the case diary which suggest that the petitioner had uploaded the morphed picture of the informant showing her without any wearing apparels. The matter is still under investigation and the charge-sheet has not yet been filed. The allegations made in the FIR are serious against the petitioner. The punishment prescribed under Section 67(A) of the IT Act, 2000 are substantially severe where the punishment may extend to 7 (seven) years and a fine which may extend to 10(ten) lakhs.

¶9Considering the gravity of the offences alleged and the stage of investigation read with the punishment prescribed under the relevant sections if charged and convicted, this Court does not find it appropriate to enlarge the petitioner on bail at this stage of investigation.

¶10Accordingly, the prayer for bail stands rejected.

¶11Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010208302023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3315/2023 ANUPAL DUTTA SON OF SWAPAN DUTTA, RESIDENT OF PANIGAON JYOTI PATH, P.S. NAGAON IN THE DISTRICT OF NAGAON, (ASSAM) VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA