Gauhati High Court
Biswajit Dutta vs The State Of Assam on 13 December, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010238272022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3171/2022
BISWAJIT DUTTA
S/O- LT. MONTUS DUTTA, VILL- TANGANA GAON, RAIL COLONY, P.S.
GOHPUR, DIST.- BISWANATH, ASSAM, PIN- 784168
VERSUS
THE STATE OF ASSAM
REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. L GOGOI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
13.12.2022 Heard Mr. L. Gogoi, learned counsel for the accused-petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 439, Code of Criminal Procedure, 1973 [CrPC], the accused-petitioner viz. Shri Biswajit Dutta has prayed for his release on bail in connection with Gohpur Police Station Case no. 178/2022, registered under Section 302, Indian Penal Code [IPC].
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3. The accused-petitioner after being arrested in connection with Gohpur Police Station Case no. 178/2022, was produced before the Court of learned Sub-Divisional Judicial Magistrate [M], Gohpur, Biswanath Chariali on 23.10.2022 and since then, he on being remanded, is in custody.
4. The informant in the First Information Report [FIR], lodged on 21.10.2022, has inter alia alleged that at around 09-00 p.m. on 13.10.2022, one of his staff, Bapi Mandal was found in an unconscious state in front of a cloth store named Biswa Fashion, of which the accused- petitioner is the owner.
5. Mr. Goswami, learned Additional Public Prosecutor has produced the case diary wherein the post-mortem examination report of the deceased is available. As per the post- mortem examination report, the final opinion regarding cause of death of the deceased is kept pending till receipt of the chemical analysis report on the viscera from the Forensic Science Laboratory.
6. The materials in the case diary indicate that the deceased in an unconscious condition, was admitted at Lakhimpur Civil Hospital wherein the deceased died at around 02-30 a.m. There were no marks of injury on the body of the deceased. The materials in the case diary go to indicate that during the evening hours on 13.10.2022, both the deceased and the accused-petitioner were in the shop, Biswa Fashion of the accused-petitioner. The investigation of the case has progressed substantially as the statements of most of the witnesses have already been recorded. The forwarding report as well as the materials in the case diary goes to indicate that both the accused-petitioner and the deceased were in the habit of consumption of drugs. The basis of forming such opinions are that a lot of needle puncture marks were found on the body of the deceased whereas the accused-petitioner also took his treatment in a drug rehabilitation centre earlier.
7. Having regard to the progress made in the investigation carried out so far and the period of detention of the accused-petitioner since 23.10.2022, this Court is of the considered view that further custodial detention of the accused-petitioner is not necessary for Page No.# 3/3 the purpose of carrying out further investigation of the case and his release on bail, at this stage of investigation, is unlikely to bring any adverse effect in the further investigation of the case, provided he continues to extends his assistance and co-operation in the further investigation of the case.
8. Accordingly, it is directed that the accused-petitioner shall be released on bail on furnishing a bail bond of Rs. 25,000/- with one local surety of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate [M], Gohpur, Biswanath Chariali, subject to the conditions that :-
[i] the accused-petitioner shall co-operate with the investigation and make himself available for interrogation whenever required by the Investigating Officer [I.O.] of the case;
[ii] the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; [iii] the accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; [iv] the accused-petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected; and [v] the accused-petitioner shall regularly remain present during the trial and co- operate the Court to complete the trial for the above offences, if charge sheeted in the case.
9. The bail application stands disposed of in the aforesaid terms.
JUDGE Comparing Assistant