Gauhati High Court
Anupam Das vs The State Of Assam on 4 September, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010124082021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1965/2021
ANUPAM DAS
S/O SRI KALICHARAN DAS
R/O VILL- MALAYBARI
P.S. KHETRI
DIST. KAMRUP (METRO), ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M K BORO
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
04.09.2021 The Court proceedings have been conducted through online court proceeding services.
2. Heard Mr. M.K. Das, learned counsel for the accused- petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent the State of Assam.
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3. By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Sri Anupam Das has prayed for his release on bail in connection with Khetri Police Station Case no. 145/2021, registered under Sections 406/420/379, Indian Penal Code (IPC).
4. The First Information Report (FIR) was lodged on 19.07.2021 by the informant on behalf of M/s Premium Chick Feeds Pvt. Ltd. In the FIR, it is, inter alia, alleged that on 10.06.2021, 1607 nos. broiler chicks were given to the accused-petitioner for growing them up with the condition that the accused-petitioner would return the grown up broiler chickens within 38 days. When after the stipulated period the house/broiler farm of the accused- petitioner was visited by the employees of M/s Premium Chick Feeds Pvt. Ltd., the broiler chickens were not found. Alleging that by the act of the accused-petitioner had cheated M/s Premium Chick Feeds Pvt. Ltd., thereby, causing a loss of the tune of rupees four lakhs, the FIR has been lodged.
5. Mr. Sarma, learned Additional Public Prosecutor has submitted, on the basis of the materials available in the case diary, that the materials in the case diary indicate that the broiler chickens were sold by the accused-petitioner. It transpires that the broiler chickens were sold because of some dispute regarding payment between the accused-petitioner and the M/s Premium Chick Feeds Pvt. Ltd.
6. I have considered the submissions of the learned counsel for the parties and have also taken note of the materials available in the case diary, as have been submitted by the learned Additional Public Prosecutor as the case diary is available with him.
7. Considering the nature of allegations made in the FIR; the materials in the case diary indicating that there was some business relationship between the accused-petitioner and M/s Premium Chick Feeds Pvt. Ltd. which resulted in the FIR because of causing loss to M/s Premium Chick Feeds Pvt. Ltd.; and the length of detention of the accused-petitioner in custody since 20.07.2021, I am of the considered view that further custodial detention of the Page No.# 3/3 accused-petitioner is not necessary for the purpose of carrying out investigation of the case and his release on bail, at this stage of investigation, is not likely to cause any prejudicial effect in the further investigation, provided he continues to extend 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. 20,000/- with one suitable surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati 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.
The application stands disposed of in the aforesaid terms.
JUDGE Comparing Assistant