Ramen Madahi v. The State of Assam

ORDER

04.01.2024 Heard Mr N K Kalita, learned counsel for the petitioner, Sri Ramen Madahi.

¶3The petitioner has filed this application under Section 439 CrPC, with prayer for bail as he is in jail since 26.11.2023, in connection with Cyber PS Case No. 12/2023, Page No.# 2/4 under Sections 120(B)/419/420 IPC, read with Sections 66(C)/66(D) of the IT Act, read with Sections 409/468/471 IPC.

¶3Heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4The FIR unfolds that an unauthorized access of Circle Officer login (gogoi1234) of Dispur Revenue Circle was detected. A detailed report in the matter was submitted to the DC, Kamrup (Metro) on 01.11.2023. it was noticed by the informant that mutation order was passed online in Dharitree portal on 05.10.2023, in Case No. MET/DIS/2022-23/96042/OMUT against a deed bearing serial No. 6268 dated 21.12.1995, wherein no offline case record of any notice issued, order etc. was found to be available in the office of the Circle Officer. On an enquiry, the Lat Mandal reported that neither field verification nor any report was submitted in respect of the mutation case mentioned above. The DIO, NIC, Kamrup (Metro) was informed on 28.10.2023 and the login details history was solicited from the time period from 01.10.2023 to 26.10.2023 and the following came to light-

¶1That an IP address 10.177.88.65 had record of login/logout history of 52 times from 04.10.2023 to 26.10.2023.

¶2That an IP Address 10.177.88.58 had record of twice login/logout history on

10.10.2023. Page No.# 3/4

4.1. The list of official 33 Operational IP Addresses in the office of the Circle Officer, Dispur Revenue Circle was submitted for reference and it was found that the abovementioned IP addresses are not from the official list of 33 IP addresses allotted to the office of the Dispur Revenue Circle. It was found that the access made by the above referred IP addresses are unauthorized and illegal, which require detailed investigation and expert examination on the matter.

¶5During investigation, the present petitioner was arrested in connection with this case.

¶6It is submitted on behalf of the present petitioner that he is allegedly a land broker and property dealer. The petitioner has also prayed for bail on the ground of parity as a similarly placed co-accused has been enlarged on bail by this Court vide order dated

21.12.2023, passed in connection with Bail Application No. 4639/2023 (Mainul Hoque –Vs-State of Assam).

¶7It is further submitted that the petitioner is also suffering from liver ailment and he has also sustained a bullet injury.

¶8The learned Additional Public Prosecutor has raised objection against the bail petition.

¶9I have considered the submissions at the Bar with circumspection. I have also Page No.# 4/4 perused the Case Diary.

¶10I have considered the length of detention.

¶11Investigation has also progressed to a considerable extent. Further custodial detention of the petitioner for the sake of investigation may not be required.

¶12It appears that investigation may not be adversely affected if the petitioner is enlarged on bail.

¶13Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs. 30,000/-, with a suitable surety of the like amount, to the satisfaction of the learned CJM, Kamrup (Metro) under the condition that-

i) the petitioner shall refrain from such activities with which he is alleged, failing which, bail order shall stand cancelled.

¶14Bail Application stands disposed of.

¶15Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010289772023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4665/2023 RAMEN MADAHI S/O SARAT MADAHI R/O LALUNG GAON P.S. GARCHUK, GUWAHATI DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N K KALITA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND