Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 13 March, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010015142025
2025:GAU-AS:2694
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./222/2025
SRI NAYAN JYOTI DEKA
S/O SRI RITUL DEKA
R/O VILL-KAMARPARA
P.S. SARTHEBARI
DIST.BARPETA,ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P P BORTHAKUR, MR. T KALITA,MS IVY HUSSAIN
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
13-03-2025 Heard Mr. P. P. Borthakur, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State.
2. The petitioner, namely, Sri Nayan Jyoti Deka, son of Sri Ritul Deka, resident of Village-Kamarpara, Police Station-Sarthebari, District-Barpeta, Assam, has filed this application under Section 483 BNSS, 2023, on 24.01.2025 seeking bail in Sarthebari Page No.# 2/4 Police Station Case No.06/2025 corresponding to G.R. No. 58/2025 registered under Sections 61(2)/303(2)/308(2)/318(3)/318(4)/319(2)/ 336(3) BNS, read with Section 103 of the Trade Mark Act, read with Sections 66C/66D of the Information Technology Act and read with Sections 63/65 of the Copyright Act in which, he was arrested on 17.01.2025 and is in custody since then.
3. As per the FIR dated 16.01.2025, lodged before the Sarthebari Police Station, the case is that, on receipt of specific information on 16.01.2025 that the petitioner involved in some online scamming, Sarthebari Police G D Entry No. 07 dated 16.01.2025 was made and police personnel from Sarthebari Police Station visited the house of the petitioner at Kamarpara. During investigation, it was found that the petitioner created an App called ARMAAN with official logo/trademark about 3 years back, by taking knowledge from YouTube videos, which is a duplicate version of the official ARMAAN, Army legitimate Website. During the investigation, it was revealed that the petitioner created Firebase and Google Console platform by drag and drop process, that was later uploaded in the Google Play Store with attached advertisements pertaining to the said APP, ARMAAN, created by the petitioner, so that, whenever someone downloads or visits the App, he earns some amount through Google Adsense for the Apps attached to it. During investigation it was also found that the petitioner also demanded money from those persons who had installed the said App, who used it to download Salary Slips or avail any facility using the said App. However, the said App of the petitioner was deleted in the year 2023 from the Google Play Store due to privacy policy violation of the platform for which the users of the said App created by the petitioner could not operate the same. During investigation police also found that the petitioner created another App, namely, ARMAAN HAMRAAZ with different ids and credentials and uploaded the same. However, the payments that he used to receive from Adsense and other sources through PayPal account got freeze and did not receive the money. From the possession of the petitioner Laptop MacBook Air, Apple IPhone, POCO F1 Smart Phone, HP Laptop, One Esport CPU and his SBI Page No.# 3/4 Pass Book has already been seized.
4. Considering such materials in the case diary and the period of detention of the petitioner in custody since 17.01.2025, this Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Sarthebari P.S. Case No.06/2025. As such, this bail application of the petitioner in said Sarthebari P.S. Case No.06/2025 is accepted.
5. Accordingly, the petitioner, Sri Nayan Jyoti Deka, son of Sri Ritul Deka is granted bail in said Sarthebari P.S. Case No.06/2025 on furnishing a bail bond of Rs. 75,000/- with two local sureties each of the like amount, one of which shall be a Government Employee, either State or Central Government to the satisfaction of the learned Chief Judicial Magistrate, Barpeta on conditions that the petitioner -
(i) shall appear before the Investigating Officer of said Sarthebari P.S. Case No.06/2025 as and when he is required for necessary investigation of said Sarthebari P.S. Case;
(ii) shall surrender his passport, if any, before the learned Chief Judicial Magistrate, Barpeta on or before 24.03.2025;
(iii) shall not leave the territorial jurisdiction of the Sarthebari Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case;
(iv) shall not hamper with the investigation or tamper with the evidence of the case;
(v) 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 them from disclosing such facts to the Court or to any police officer and
(vi) shall not indulge himself in any such criminal activities in future, failing which, the bail granted to him in said Sarthebari P.S. Case Page No.# 4/4 No.06/2025 shall stand automatically vacated.
6. Any violation of the aforesaid terms and conditions by the petitioner, Sri Nayan Jyoti Deka, the bail granted to him in the aforementioned Sarthebari P.S. Case No.06/2025 shall stand automatically vacated.
7. Bail application stands allowed to the extent above.
8. Return the case diary.
JUDGE Comparing Assistant