Tripura High Court Denies Anticipatory Bail To Man Accused Of Committing Cyber-Crimes Using 'Logo Of Police DG'

"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."

Brief Facts:

The petitioner that was booked under Section 419 of the IPC and Section 66-D of Information Technology Act, 2000 and Sections 468, 471 of 120B of IPC were subsequently added. The petitioner had 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 IPC was not made out. The court below had also expressed views in favour of the petitioner since the crime is not made out. However, being aggrieved by a common order dated 10.05.2022 rejecting the bail applications, the petitioner had approached the court seeking grant of anticipatory bail.

Mr. R. Datta, the Public Prosecutor had filed counter affidavit to the petition filed by the accused-petitioner. Today, the concerned officer Shri Ajit Pratap Singh, S.P. Crime, West Tripura recorded his personal appearance before the Court. He submitted that the investigation is in progress and they are making all efforts to apprehend the accused-person. However, he said that 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 these cyber-crimes by using the Logo of Director General of Police are involved in the case.

Court's Observation:

The Court observed that the crimes of this nature cannot be appreciated. It expressed concern that the Director General of Police was also not spared by the accused persons. Accordingly, the court ordered the petitioner to surrender before the Elaka Magistrate on or before 15.06.2022. The Elaka Magistrate was directed to examine the matter on merits and pass appropriate orders at the earliest.

Case Title: Shri Prasenjit Saha v. The State of Tripura

Citation : 2022 LiveLaw (Trip) 12

Case No.: AB No. 25 of 2022

Order Dated: 31^st May 2022

Coram: Justice T. Amarnath Goud

Counsel for the Petitioner: Mr. S. Lodh, Advocate

Counsel for the Respondent: Mr. R. Datta, Public Prosecutor

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