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[Cites 7, Cited by 0]

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 22 May, 2023

Author: Ajit Borthakur

Bench: Ajit Borthakur

                                                                        Page No.# 1/3

GAHC010108572023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./1785/2023

            ASISH DUTTA @ BIKI DUTTA AND ANR
            S/O LATE ASHIM DUTTA, R/O VILL- M.G. ROAD, P.S.-DIPHU, DIST- KARBI
            ANGLONG, ASSAM

            2: RATAN PODDAR
             S/O SRI RANJIT PODDAR
             R/O NEAR POWER HOUSE (ASEB)
             P.S.-DIPHU DIST- KARBI ANGLONG ASSA

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner   : MR T KALITA

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR
                                    ORDER

Date : 22.05.2023 Heard Mr. T. Kalita, learned counsel appearing for the accused petitioners as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent.

By this petition under Section 439 Cr.P.C., the accused-petitioners, namely, Page No.# 2/3

1. Sri Asish Dutta @ Biki Dutta, 2. Sri Ratan Poddar, have prayed for grant of bail in connection with Diphu P.S. Case No.50/2023 under Sections 120B/420/294-A of the IPC, r/w Sections 13/14/15 of the Assam Game and Betting Act, 1970.

It is noticed that the accused petitioners have been in judicial custody since 14.05.2023, i.e. for 8 days.

The matter relates to IPL gambling using mobile App by the FIR named accused persons.

Having heard the learned counsel of both sides and the nature of allegation made in the FIR and also considering the length of detention, this Court is of the considered opinion that further continuation of detention of the accused, in the interest of investigation, is not warranted.

Accordingly, it is provided that the accused petitioners, named above, shall be released on bail of Rs. 30,000/- each with one surety of like amount to the satisfaction of the learned CJM, Karbi Anglong at Diphu subject to the following conditions-

i) That the accused petitioners shall cooperate with the Investigating Officer as and when required; and
ii) That the accused petitioners 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 petitioners shall refrain from committing any Page No.# 3/3 similar offences in future, of which they are suspected of commission.

This disposes of the bail application.

JUDGE Comparing Assistant