Ciranjit Das v. The State of Ap

ORDER Date : 10-12-2024 Heard Mr. T. T. Tara, learned counsel for the petitioner. Also heard Ms L. Hage, learned Additional Public Prosecutor appearing for the State respondent.

¶2The present application has been instituted by the applicant praying for grant of privilege of bail in respect of the accused herein, namely, Shri Page No.# 2/4 Sukhdeb Das, who is in custody since his date of arrest, i.e on

06.11.2024.

¶3One, Sonali Sangchoju had lodged an FIR on 08.08.2024 to the extent that on 25.07.2024, around 9:00 pm when she was searching for a rental house on social media Facebook pages named OLX Itanagar, Naharlagun, Nirjuli, Doimukh and Karsingsa, she found a post for a house put up for rent by account name 'IsoerrLingii". She, accordingly, dropped her phone number in that Facebook page and thereafter, she received a call from a mobile No.7005462476. The caller claimed to be the owner of the house located at ESS-Sector, Itanagar and after discussing the matter for some time, the informant was required to pay the security fees of Rs.10,000/-(Rupees ten thousand only) upfront. Accordingly, the account details of the accused herein and the UPI ID was send, to which, the informant deposited Rs.10,000/-(Rupees ten thousand only). It is stated that after depositing the same amount, no further response was received, in spites of repeated calls were made to the projected house owner.

¶4On receipt of the said case, the Cyber Crime Police Station, Itanagar, proceeded to registered Cyber Crime Case No. 54/2024 under Sections 111/319 BNS, 2023 read with Section 66(D) of the Information Technology Act, 2000.

¶5In course of investigation, the police also received further complaints with regard to similar receipt of money in the mobile number which was projected to be of accused herein. The accused, accordingly, was Page No.# 3/4 arrested on 06.11.2024 from Tripura and brought to Itanagar.

¶6Case diary as called for has been furnished by the learned Additional Public Prosecutor and has been perused by me.

¶7On perusal of the case diary, it is found that the investigation has advanced and the materials have been collected against the petitioner and other accused, Rajesh Kumar Das.

¶8In view of the said position, this Court is of the considered view that further custodial interrogation of the accused herein would not be mandated.

¶9Ms L. Hage, learned Additional Public Prosecutor has objected to the prayer made by the applicant herein for grant of bail to the accused on the ground that the accused may evade further investigation in the case and may also not appear in the trial after filing of the charge sheet in the matter. She also submitted that it is feared that the accused would again commit such cyber crime and accordingly, she submits that this Court would be pleased not to enlarge the accused on bail.

¶10I have considered the submissions made by the learned counsel for the parties. And also perused the case diary and the status report as placed before this Court.

¶11On consideration of the matter and considering the length of detention undergone by the accused herein and the advance stage of Page No.# 4/4 investigation achieved by the Investigating Officer, I am of the considered view that the accused herein, Shri Sukhdeb Das is entitled to be enlarged on bail of Rs.15,000/-with one local surety of like amount to the satisfaction of the Chief Judicial Magistrate, Yupia subject to the following conditions;

i) That the accused herein shall not involve himself in offence of similar nature as has been alleged against him in connection with Cyber Crime Case No.54/2024.

ii) That the accused herein shall continue to cooperate with the investigation of the case and appear before the Investigating Officer, as and when called for.

iii) That the accused 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/her from disclosing such facts to the Court or to any police officer; and

iv) That the accused herein shall not leave the jurisdiction of the Chief Judicial Magistrate, Yupia without taking prior permission from the learned Chief Judicial Magistrate, Yupia .

¶12With the above observations and directions, bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040016262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/122/2024 Ciranjit Das Son of Shri Mihir Das, resident of Ganga Chara Village, PO Ganga Chara, PS Kakraban, South Tripura, Tripura District, Tripura. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : T T Tara, Pondit Ronya,Y Mugli,Riya Sarkar,Kirmani Lollen,Terji Kamchi,Taba Tokur,Khoda Apa,Gamken Bam Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR