Kishor Kr Das vs The Central Bureau Of ...
2022 Latest Caselaw 3990 Gua

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GAHC010205012022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : AB/2971/2022

             KISHOR KR DAS
             S/O BIREN CH. DAS
             R/O SIKARHATI, P.S. PALASHBARI, KAMRUP, ASSAM- 781125



             VERSUS

             THE CENTRAL BUREAU OF INVESTIGATION AND ANR.
             REP. BY DEPUTY S.P., CBI SPECIAL CRIME III, NEW DELHI-110003

             2:THE CENTRAL BUREAU OF INVESTIGATION

             REP. BY THE INSPECTOR OF POLICE
             CBI
             EO-V

             GUWAHATI- 781035
             ASSA

Advocate for the Petitioner   : MR B P BORAH

Advocate for the Respondent : SC, CBI




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

30.09.2022 Heard Mr. B. P. Borah, the learned counsel for the petitioner. Also heard the Page No.# 2/4

learned Standing Counsel for the Central Bureau of Investigation (CBI).

2. By this application under Section 438 Cr.P.C., the petitioner, namely, Kishor Kr. Das is seeking pre-arrest bail in connection with CBI Case No. RC- 21(S)/2022/CBI/SC,III/ND registered under Section 67B of IT Act read with Section 120 B of the IPC, 1860.

3. The case of the petitioner is that while as a student studying Bachelor of Technology at Assam Engineering College, Guwahati between the period of 2018 to 2022, the petitioner used a software application known as MEGA, which is a cloud storage and a hosting service offered by Mega Ltd,. a company based on Oakland, Newzeland. On 24.09.2022, the Central Bureau of Investigation (CBI) from Delhi under authority of a search warrant issued by the learned Chief Metropolitan Magistrate, Rouse Avenue District Court, Room No. 201, New Dehli, searched the house of the petitioner and seized his mobile phone along with SIM Card and the original Bank Passbook. Now the petitioner apprehends his arrest in connection with the aforesaid case being RC 21(S)/2022/SC- III/CBI/New Delhi U/S 67-B of IT Act, 2000 read with Section 120-B of IPC, 1860, as the CBI has issued a notice under Section 41 A of Cr.P.C. intimating that during the investigation it is revealed that there are reasonable ground to question the petitioner to ascertain facts and circumstances from him in relation to the investigation. Accordingly, the present application is filed.

4. The learned counsel representing the CBI submits that the petitioner has been issued only a notice under Section 41-A of Cr.P.C. for questioning and he should not apprehend arrest in such a situation. The learned counsel for the CBI further submits that the FIR was lodged at Delhi, therefore, this Court will have no jurisdiction to entertain the present bail application.

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5. Countering such argument Mr. D. P. Borah, learned counsel for the petitioner relying on a judgment of the Hon'ble Apex Court in State of Assam and Another -Vs- Dr Brojen Gogoi and Others reported in (1998) 1 SCC 397 submits that a person can file an anticipatory bail application in a place where the offences are committed inasmuch as in the allegation that the petitioner has used his mobile phone for the alleged offence during his study at Assam Engineering College, Guwahati.

6. Be that as it may, this Court is of the considered opinion that as the petitioner is apprehending arrest, this Court can very well, without going to the question of jurisdiction, can grant transit bail to the petitioner till he files an appropriate application before the appropriate Court at Delhi.

7. Accordingly, this Court is of the considered opinion that the accused/petitioner is entitled for interim Transit bail. Therefore, it is provided that in the event of arrest of the accused/petitioner above named, till 10.10.2022 in connection with the case aforementioned, he shall be released on bail on furnishing bail bond of Rs. 25,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority. The Transit bail is granted on the following conditions:

(1) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case, (2) The petitioners 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, (3) The petitioners shall appear before the Officer-in- Charge, CBI as per notice issued under Section 41A of the Cr.P.C.

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dated 21.09.2022.

8. This order shall remain effective till 10.10.2021 or the petitioner approaching competent Court at Delhi seeking pre-arrest bail, whichever is earlier.

9. With the aforesaid terms, this petition is disposed of.

JUDGE

Comparing Assistant