Gauhati High Court
Diganta Gogoi vs The State Of Assam on 20 July, 2020
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010091272020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1304/2020
1:DIGANTA GOGOI
S/O LATE NABIN GOGOI, R/O VILL-MILON NAGAR, P.S.-DEMOW, DIST-
SIVASAGAR (ASSAM)
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. T CHUTIA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
20-07-2020.
By filing this petitions under Section 439 of the CrPC, petitioner Diganta Gogoi who is in custody since 13.05.2020, has sought for releasing him on regular bail in connection with the Sivasagar P.S. Case No.770/2013, under Section 387 of the IPC, read with Section 10/13 of the Unlawful Activities (Prevention) Act.
Heard Mr. T. Chutia, learned counsel for the petitioner as well as Ms. S.H. Bora, learned Addl. P.P., Assam for the State respondent and perused the record.
The case diary has not been produced, as directed on different occasions.
Page No.# 2/2 The learned counsel for the petitioner has drawn the attention of the Court that the FIR was filed far back on 08.10.2013 with the allegation that some persons made a demand of Rs.10 lacs from the informant in the letter pad of ULFA and about 7 years of the occurrence, the accused person was arrested on 13.05.2020, on the ground that certain circumstantial evidence have been found against him. Though he was not named in the FIR, such arrest after long delay, that too without any cogent and specific ground cannot be appreciated.
Considering all above and also the factum of detention which is more than 67 days, this Court is of the opinion that further detention of the accused person can be dispensed with.
Accordingly the accused person named above, is allowed to release on regular bail of Rs.20,000/- with one surety of like amount, to the satisfaction of learned Chief Judicial Magistrate, Sivasagar, in connection with the Sivasagar P.S. Case No.770/2013.
The bail petition stands disposed of accordingly.
True copy of this order shall be furnished by the concerned Court Master to the petitioner or to his authorized person for necessary use.
JUDGE Comparing Assistant