Gauhati High Court
Bijoy Kanti Deb vs The State Of Assam on 18 June, 2020
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010077522020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1308/2020
1:BIJOY KANTI DEB
S/O- LT. RAJENDRA DEB, R/O- VILL- BEHARA PART-II, BIHARA BAZAR, P.S.
KATIGORAH, DIST.- (CACHAR), ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 18-06-2020 The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.
Heard Mr. T. J. Mahanta, learned senior counsel assisted by Mr. A. B. Dey, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Addl. P.P. for the State of Assam.
This anticipatory bail application has been filed by the petitioner, namely, Sri Bijoy Kanti Deb in connection with Katigorah P.S. Case No. 206/2020 corresponding to GR Case No. 1713/2020 registered under Sections Page No.# 2/3 153(A)/295(A)/505 of IPC read with Section 66 of the Information Technology Act, 2000.
The petitioner is a resident of village Behara Part-II Bihara Bazar P.S. Katigorah, District- Cachar, Assam. The petitioner on 03.04.2020 had posted two messages on social media platform (Facebook). The Facebook messages which according to the informant are capable of generating communal disharmony and/or feeling of ill-will, enmity and hatred amongst different religious groups of the society and also causing disturbance to the public tranquility. The informant filed an FIR which was registered by the Police Station as mentioned above.
This Hon'ble Court by order dated 04.06.2020 granted interim bail to the petitioner on the conditions mentioned therein.
Case diary is produced today.
Upon perusal of the Case diary, it is seen that the petitioner has posted his apology on the Facebook in connection to his earlier post and his statements have also been recorded by the I.O.
On perusal of the statements, it is seen that the petitioner expressed his remorse for posting the earlier messages, although he never intended to hurt the sentiments of any persons belonging to certain communities of India. He had also posted messages seeking apology on 24.03.2020. He has also stated that in future he shall not put up any such posts.
The Investigating Officer upon recording his statements has endorsed that at present there is no concrete evidence to arrest him in connection this case and that the case diary is pending for receipt of data from the Facebook authorities.
Upon hearing the learned counsel for the parties and upon perusal of the materials available on the case diary presented before me, I am of the view that interim bail granted by this Court on 04.06.2020 can be made absolute. It is ordered accordingly.
Page No.# 3/3 The bail application is made absolute, subject to the following conditions:-
(i) That the petitioner shall appear before the Investigating Officer and co-operate in the investigation as and when required;
(ii) The petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from its Officer-in-
Charge, Katigorah Police Station;
(iii) That the petitioner shall not hamper or tamper with the investigation in any manner; and
(iv) 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 The Anticipatory Bail application is, accordingly, disposed of. Return the case diary.
JUDGE Comparing Assistant