Gauhati High Court
Sambu Dhar vs The State Of Assam on 22 June, 2022
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/3
GAHC010110282022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1312/2022
SAMBU DHAR
S/O AMAR DHAR
R/O NAUJAN, NEAR NAUJAN CIVIL HOSPITAL, P.S. NAUJAN
DIST. GOLAGHAT, ASSAM, PIN- 785601
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. S PHUKAN
Advocate for the Respondent : PP, ASSAM
Linked Case : Bail Appln./1151/2022
NARAYAN DAS
S/O HARENDRA DAS
R/O CHUWAKHALA VILLAGE
P.O. AND P.S.-FALAKATA
DIST- ALIPURDUAR
WEST BENGAL
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
------------
Advocate for : MR. S RAHMAN
Advocate for : PP
Page No.# 2/3
ASSAM appearing for THE STATE OF ASSAM
Linked Case : Bail Appln./1238/2022
BIKASH SARKAR
S/O KARTIK SARKAR
R/O BABUPARA
POLICE FARI ROAD
P.O. AND P.S. ALIPURDUAR
DIST. ALIPURDUAR
WEST BENGALI.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP
ASSAM
------------
Advocate for : MS. S PHUKAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
22.06.2022.
All the cases are taken up together as the same are pertain to the same P.S. case.
By filing these petitions under Section 439 of the CrPC, the petitioners namely: Sambu Dhar (petitioner in B.A. No.1312/2022), Narayan Das (petitioner in B.A. No.1151/2022) and Bikash Sarkar (petitioner in B.A. No.1238/2022) have prayed for releasing them on regular bail in connection with the Garchuk P.S. Case No.104/2022 (corresponding to G.R. No.3018/2022), under Sections 420/328/379/34 of the IPC.
Heard the learned counsel for both sides and perused the record and the case diary.
Page No.# 3/3 As it transpires from the FIR, which is also revealed from the case diary that the present accused persons along with other co-accused hired one Bolero Pick-up vehicle bearing Regn. No.AS-01/LC-8001 and thereafter administering some intoxicated substance to the driver, took away the vehicle, leaving the driver at Kothiatoli in Nagaon District and also taken away his mobile phone. Thereafter they sold the vehicle after changing the chassis number and engine number.
Serious complicity of the petitioners is made out from the case diary and they are habituated in committing such type of offence.
Considering all entirety, this Court is not inclined to grant bail to the present accused/petitioners at this stage and accordingly the same is rejected.
The bail petitions stand disposed of.
Return back the case diary forthwith.
JUDGE Comparing Assistant