Tanu Teron v. The State of Assam

ORDER Date : 17.12.2024

Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent.

This is an application 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Cyber P.S. Case No. 25/2024, under Sections 319/340(2)/356 of BNS, 2023 read with Section 66(C)/66 (D)/67(A) of Information Technology Act, 2000.

Case Diary has been received. Perused the same. Heard both sides.

It is submitted by Mr. Borthakur, learned counsel for the petitioner, that the F.I.R. was lodged only with a suspicion on the present accused/petitioner as he had some relationship with the victim earlier. However, he has not committed any such offence as alleged in the F.I.R. Apart from that, the accused/ petitioner is behind the bar for last 41 days and hence, considering his length of detention, he may be enlarged on bail. He being a local person will provide sufficient surety and there is no chance of absconding. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that there are sufficient materials against the present accused/petitioner so far collected by the I.O. More so, the FSL Report is yet to be collected by the I.O. and accordingly, he raised objection in allowing the accused/petitioner on bail at Page No.# 3/4 this stage.

Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary, without going by the further detail of the merit of the case and only considering the period of detention already undergone by the accused/petitioner, I find that the I.O. got sufficient time for custodial interrogation of the present accused/petitioner and hence, I find that further custodial interrogation of the present accused/ petitioner may not be necessary for the interest of investigation.

Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, the accused/petitioner, namely, Shri Tanu Teron, be enlarged on bail, subject to the following conditions:

(i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when called for;

(ii) that the petitioner 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 from disclosing such facts to the Court or to any police officer; and

(iii) that the petitioner shall not leave the jurisdiction of the learned Page No.# 4/4 Chief Judicial Magistrate, Kamrup(M), Guwahati, without prior permission.

In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010255602024 ooooooo 2024:GAU-AS:12838 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3657/2024o TANUoTERONo S/OoKAMISONoTERONo R/OoHOUSEoNO.o786,oNO.o2oBIRKUCHIUDAYANoBIHAR,o KALITAoKUCHI,oP.S.oANDoP.O.oNOONMATI,oDIST.oKAMRUPo(M),oASSAM VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoSoBORTHAKUR,oJoRONGPEE,MR.oDoGOGOIo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA