The Tripura High Court recently comprising of a bench of Justice T. Amarnath Goud has denied anticipatory bail to a person, who allegedly was involved in cyber-crimes using the logo of the Director General of Police, Tripura. (Shri Prasenjit Saha v. The State of Tripura)
Facts of the case
The present application was filed under Section 438 of the Cr.P.C, 1973 for grant of pre-arrest bail, of the accused person-petitioner, in the event of arrest, in connection with Case registered under Section 419 of the IPC and Section 66-D of I.T Act, 2000 and added Sections 468, 471 of 120B of IPC.
The petitioner was booked in connection with a Case registered under Section 419 of the IPC and Section 66-D of I.T Act, 2000 and added Sections 468, 471 of 120B of IPC. The petitioner has filed a bail application before the court below. The court below after hearing the both sides held that the ingredients of Section 468 of the CrPC is not made out. The court below has also expressed in favour of the petitioner since the crime is not made out.
Aggrieved by the common order passed rejecting the bail applications, the petitioner has approached this court seeking grant of anticipatory bail.
Contention of the Parties
Shri Ajit Pratap Singh, S.P. Crime, West Tripura submitted that the investigation is in progress and they are making all efforts to apprehend the accused-person. According to Mr. Singh, during the investigation, it has also been revealed that it is not only the petitioner herein but a number of accused syndicate who are working in this cyber crimes by using the Logo of Director General of Police are involved in the case.
Courts Observation and Judgment
The bench at the very outset noted, "In view of the serious allegations made by the prosecution, this court feels that the Police Department is not very serious in this matter. Accordingly, this court has no hesitation to consider the request of the petitioner. But at the same time, feeling the responsibility towards the society, the crime of this nature cannot be appreciated. If the DGP himself is taken for a ride by an accused person, this court expresses its concern for the crime."
The bench rejecting the anticipatory bail application remarked, "For the reasons mentioned above, this court directs the petitioner to surrender before the Elaka Magistrate on or before 15.06.2022. The Elaka Magistrate shall examine the matter on merits and pass appropriate orders at the earliest.
In view of the above discussion, the prayer for anticipatory bail stands rejected."
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