Gauhati High Court
Tapan Sikdar vs The State Of Assam on 14 June, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010086972024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1120/2024
TAPAN SIKDAR
S/O PULIN SIKDAR,
RESIDENT OF JARANGDISHA NO. 2, LUMDING, PO AND PS LUMDING,
DIST HOJAI ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP ASSAM
Advocate for the Petitioner : MR. N HASAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 14.06.2024 Heard Mr. N.Hasan, learned counsel for the petitioner and Mr. B.Sharma, learned Addl.P.P. for the State respondent.
By filing this petition filed under Section 438 Cr.P.C., the petitioner, namely, Tapan Sikdar, has prayed for granting pre-arrest bail, apprehending arrest in connection with Lumding P.S. Case No. 23/2024 under Sections 120B/379/407/411/413 of the IPC r/w Page No.# 2/3 Section 7 of the E.C.Act r/w Section 23 (b) of the Petroleum Act.
The learned counsel for the petitioner submits that offences under the IPC Section are not attracted against the petitioner in connection with the present case. The other offence i.e. Section 7 of the E.C.Act and Section 23 (b) of the Petroleum Act are bailable in nature. It is further submitted that all the articles have already been recovered. Investigation has already been progressed and the petitioner will co-operate with the investigation and as such, benefit of pre-arrest bail may be granted to the petitioner.
On the other hand, learned Addl.P.P. has produced the case diary and submits that from the close vicinity which belongs to the present petitioner, 2 Nos. of drums filled with oil and other articles relating to storing of such oil, sucking of oil from tanker, pipes etc were recovered. It is further submitted that on the prayer of the I.O., learned trial court has issued NBWA against the petitioner.
Having heard learned counsel for both sides and considering the materials available in the case diary, in the interim, it is provided that the petitioner, named above, in connection with aforesaid case shall be released on interim pre-arrest bail on furnishing bail bond of Rs.10,000/- with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:
(i) That the petitioner shall appear before the Investigating Officer within 7 days from today, failing which, on the 8th day, the interim anticipatory bail order shall automatically expire; and
(ii) That the 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/her from disclosing such facts to the Court or to any police officer.
Return the case diary for re-submission updated along with statement of the petitioner. List after the ensuing summer vacation.
JUDGE Page No.# 3/3 Comparing Assistant