Gauhati High Court
Taseefur Amin Sheikh vs The State Of Assam on 14 November, 2023
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010239922023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3840/2023
TASEEFUR AMIN SHEIKH
S/O MAHMUD HUSSAIN R/O VILL. KHARUPETIA WARD NO. 6 PO. AND P.S
KHARUPETIA DIST. DARRANG ASSAM PIN 784115
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR P BHARDWAJ
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 14-11-2023 Heard Mr. P. Bharadwaj, learned counsel for the accused/petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State/respondent.
This is an application made under Section 439 Cr.P.C., seeking bail by Page No.# 2/3 the accused-petitioner, namely, Md. Taseefur Amin Sheikh, in connection with Cyber P.S. Case No. 07/2023, registered under Sections 120B/419/420/511/507 of IPC r/w Section 66D of the Information Technology Act, 2000.
It is submitted by the learned counsel for the petitioner that the petitioner has been languishing in jail hazot since 15.09.2023. It is also submitted that there is no allegation against the petitioner which falls under Section 420 IPC and the other offences alleged in the FIR are bailable in nature. Considering the period of detention as well as the background of the case, the petitioner may be enlarged on bail.
Mr. Goswami, learned Additional Public Prosecutor has fairly submitted that there is allegation against the petitioner that he introduced himself as Superintendent of Police, CID with a view to mislead innocent people by using cyber technology which falls under Section 419 of IPC. It is further submitted that the accused/petitioner has been detained in custody since 15.09.2023.
I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary along with relevant documents available thereon.
Considering the nature of offence as well as length of detention of the accused/petitioner, this Court is of the view that further custodial interrogation of the accused/petitioner is not necessary. Hence, the prayer for bail is allowed.
Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Cyber P.S. Case No. 07/2023, registered under Sections 120B/419/420/511/507 of IPC r/w Section 66D of the Information Technology Act, 2000, on furnishing bail bond of Rs.40,000/-
Page No.# 3/3 with one suitable surety of the like amount, to the satisfaction of learned SDJM, Kamrup(M), Guwahati.
The direction for bail is further subject to the conditions that the accused-petitioner:
(a) shall not leave the territorial jurisdiction of learned SDJM, Kamrup(M), Guwahati, without prior written permission from him/her;
(b) 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.
In terms of the above, this bail application stands disposed of.
Send back the case diary.
JUDGE Comparing Assistant