Page No.# 1/4 GAHC010046472025 2025:GAU-AS:2783 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/512/2025 PROTIK CHETRY @ PRATIK CHETRY S/O SRI LAL BAHADUR CHETRY R/OVILL-KOLABIL P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. N HASAN, MR. I K BURAGOHAIN,MR. A HASAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 17-03-2025 Heard Mr. N. Hassan, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam. 2. Apprehending his arrest, the petitioner, namely, Protik Chetry @ Pratik Chetry, son of Sri Lal Bahadur Chetry, resident of Village-Kolabil, Police Station-Bihpuria, District- Lakhimpur, Assam has filed this application under Section 482 of the BNSS, 2023 on 03.03.2025 seeking pre-arrest bail in Dhakuakhana Police Station Case No. 97/2024 corresponding to G.R. No. 139/2024(DKA) registered under Sections 67A/66E of the Information Technology Act, 2000. 3. As per the FIR dated 19.11.2024 lodged by the complainant before the Dhakuakhana Police Station, the case is that the petitioner recorded videos and photographs of the daughter of the complainant and transformed those photographs/videos of her daughter into nude pictures and viral it on Facebook, Instagram and in other social media platforms. In the said FIR, it was also alleged by the complainant that by doing such, the accused petitioner is blackmailing the victim girl, that the accused petitioner managed to obtain such photo/videos of her daughter as he intended to marry her and compelled her to share such photographs on the pretext of having a love affair. Accordingly, Dhakuakhana P.S. Case No. 97/2024 corresponding to G.R. No. 139/2024(DKA) under Sections 67A/66E of the Information Technology Act, 2000 was registered. 4. Perused the case diary placed before the Court by Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam. 5. Police have already recorded the statement of the victim girl under Section 180 BNSS. 6. From the case diary, it is seen that such obscene photos/videos of the daughter of the complainant, i.e., the victim girl was uploaded in the social media by opening an Instrgram profile, not only in the name of the victim girl, but also uploaded from the mobile phone of Page No.# 3/4 the victim girl. 7. Case diary reveals that the victim girl had already eloped with the accused petitioner as both of them are in a love affair for the last 4-5 years and she again re-appeared before the concerned Investigating Officer of said Dhakuakhana P.S. Case No. 97/2024 and stated that she had already married with the accused petitioner and whatever was uploaded in the social media was removed. 8. Considering such materials in the case diary, this Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Dhakuakhana P.S. Case No. 97/2024. As such, this pre-arrest bail application of the petitioner in said Dhakuakhana P.S. Case No. 97/2024 is accepted. 9. Accordingly, it is provided that in the event of arrest of the petitioner, namely, Protik Chetry @ Pratik Chetry, son of Sri Lal Bahadur Chetry, in said Dhakuakhana P.S. Case No. 97/2024, he shall be released on bail on furnishing a bail bond of Rs.50,000/- with two local sureties each of the like amount, to the satisfaction of the arresting authority on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Dhakuakhana P.S. Case No. 97/2024 during the office hours on or before 25.03.2025 and thereafter, as and when he is required for necessary investigation of said Dhakuakhana P.S. Case; (ii) shall not leave the territorial jurisdiction of the Dhakuakhana Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 (v) shall not involve himself in any such criminal activities in future. Page No.# 4/4 10. Page No.# 4/4 10. Any violation of the aforesaid terms and conditions by the petitioner, named above, the pre-arrest bail granted to him in the aforementioned Dhakuakhana P.S. Case No. 97/2024 shall stand automatically vacated. 11. Bail application stands allowed to the extent above. 12. Return the case diary. JUDGE Comparing Assistant