Sahadev Das vs The State Of Assam on 14 November, 2019

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Gauhati High Court

Sahadev Das vs The State Of Assam on 14 November, 2019

Bench: Hitesh Kumar Sarma

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GAHC010276552019




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

                                Case No. : Bail Appln. 3552/2019

            1:SAHADEV DAS
            S/O DULAL DAS, R/O VILL-KALAPANI PART-I, P.S.-AGIA, DIST-GOALPARA,
            ASSAM, PIN-783120

            VERSUS

            1:THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner   : MR. I RASUL

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                            ORDER

Date : 14-11-2019 This is an application, filed under Section 439 Cr.PC, praying for bail of the accused-petitioner, namely, Sahadev Das, in connection with Agia PS Case No. 225/2019 under Sections 364/364(A) IPC.

Heard Mr. I. Rasul, learned counsel for the accused-petitioner as well as Mr. N.J. Dutta, learned Additional Public Prosecutor for the state respondent. Perused the petition as well as the annexures furnished therewith including the copy of the forwarding report.

The accused-petitioner has been in custody for 66 days as on date. The victim has already been recovered.

Considering the period of detention and the fact of recovery of the victim, this court is of the view that further custodial detention of the accused-petitioner is not necessary for the Page No.# 2/2 purpose of investigation of the case. Accordingly, the prayer for bail of the accused-petitioner is allowed.

The accused-petitioner is granted bail on his furnishing bail bond of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Goalpara, on the following conditions :

(1) The accused-petitioner shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Goalpara, without prior written permission from the said learned court, (2) The accused-petitioner shall not hamper with the investigation, or tamper with the evidence of the case, and (3) The accused-petitioner 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 Court or to any police officer.

The petition stands disposed of accordingly.

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