THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
- Bench
- AJIT BORTHAKUR
Outcome
Disposed of
The bail application stands disposed of
Provisions considered
Judgment
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
23.08.2023 ORDER Heard Mrs. B. Gogoi, learned counsel appearing for the accused petitioner as well as Mr. D.P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Asif Ahmed @Tiklu Ahmed has prayed for grant of bail in connection with Bongaigaon P.S. Case No.269/2023 under Section 68-A of the Copyright Act, 1957 read with Section 7(a) of the Cinematograph Act, 1952 read with Section 65 of the Information Technology Act, 2000. The case diary is not received. The allegation made in the FIR is that the accused petitioner uploaded hall recording footages of the Assamese film “Sri Raghupati” in Facebook causing huge financial loss to the producing authority as well as loss of revenue to the government. It is noticed that the accused petitioner has been in judicial custody since
Operative part
02.07.2023, that is, for 53 days. On perusal of the FIR and accused Forwarding Report it appears that there is abundance of prima facie incriminating material against the accused petitioner. However, considering the length of detention only, this Court finds that further continuation of detention of the accused petitioner in the interest of the ongoing investigation may not be required. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.40,000/- (Rupees Forty Thousand) only with one surety of like amount to the satisfaction of learned C.J.M., Bongaigaon subject to the following conditions- i) That the accused petitioner shall cooperate with the Investigating Page No.# 3/3 Officer as and when required; ii) That the accused 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 Police Officer or the Court; and iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused or suspected of commission. Breach of any of the above conditions shall render cancellation of the bail in accordance with law. The bail application stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Copyright Act, 1957; Cinematograph Act, 1952 — s. 7(a); Information Technology Act, 2000 — s. 65.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.