Gauhati High Court
Jayanta Das vs The State Of Assam on 3 August, 2023
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GAHC010169002023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2711/2023
JAYANTA DAS
S/O KHAGEN CH. DAS R/O CENTRA. COLONY NEW BONGAIGAON
QUARTER NO. 145 NA P.S. NEW BONGAIGAON DIST. BONGAIGAON AND
PRESENTLY RESIDING AT C/O PRIYANKA PHATOWALI BYLANE
GOVINDAGIRI PATH NARIKALBASTI P.S GEETANAGAR GUWAHATI 781024
DIST. KAMRUP METRO ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N MAHAJAN
Advocate for the Respondent : PP, ASSAM
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
03.08.2023 Heard learned counsel for the parties.
This is application under Section 439 of the Code of Criminal Procedure, 1973 for granting bail to the accused/ petitioner, Sri Jayanta Das on regular bail, who has Page No.# 2/3 been shown arrested on 18.07.2023 in connection with Diphu Police Station Case No. 32/2022 under Section 419/468/471/420/511 IPC.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Investigation is almost over and statement of accused has thoroughly been interrogated by the investigating agency. There is no legal evidence against the present applicant to connect him with the alleged offence. The learned Counsel further submits that The applicant is in custody since 18.07.2023. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection.
Looking to the facts and circumstances of the case and on a perusal of the material available on record and also considering that the prime accused has already granted bail on the ground that the investigation has substantially progressed, without commenting on the merits of the case, this Court is of the opinion that no further custodial interrogation/detention is required. Accordingly, the present application is allowed.
It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned CJM, Karbi Anglong, Diphu with the following conditions.
(1) The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in- charge, (2) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case, (3) 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 them from disclosing such facts to the Court or to any police officer, (4) The petitioner shall appear before the Officer-in-charge, Diphu PS Page No.# 3/3 as and when called for.
Bail application stands disposed of.
JUDGE Comparing Assistant