Gauhati High Court
Bibek Pathak vs The State Of Assam on 30 July, 2022
Page No.# 1/2
GAHC010146742022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1803/2022
BIBEK PATHAK
S/O- LATE GAJEN PATHAK, R/O- VILL.- BARBHITHA PARA, CHENGA, P.S.
BAHARI, PIN- 781305, DIST. BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE P.P., ASSAM.
Advocate for the Petitioner : MR. D KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
30.07.2022.
This application, under Section 439 of the Code of Criminal Procedure, is preferred by accused/applicant Bibek Pathak, who is languishing in jail hazot since 28.05.2022, in connection with Dispur P.S. Case No.1287/2022, under Sections 420/406 of the IPC, for grant of bail.
Heard Mr. D. Kalita, learned counsel for the accused/applicant. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent.
The aforementioned Dispur P.S. Case No.1287/2022, under Sections 420/406 of Page No.# 2/2 the IPC has been registered on the basis of one FIR lodged by one Mridul Kalita on 25.05.2022, to the effect that on 05.04.2022, accused Bibek Pathak took an amount of Ts.1,50,000/- from him, promising him to appoint in a Govt. job but till the date of filing the complaint, no job is provided and even failed to return the amount taken by him.
Mr. D. Kalita, learned counsel submits that the accused/ applicant was arrested on 28.05.2022 and since then he is languishing in jail hazot for more than 60 days and as such, he is entitled to default bail and contended to enlarge the present accused/applicant on bail.
On the other hand, Ms. N. Das, learned Additional Public Prosecutor, after obtaining instruction from the concerned police station submits that the charge sheet has not yet been submitted in this case.
Having heard the submission of learned Advocates for both sides, I have carefully gone through the petition and the materials placed on record and it appears that the accused was arrested on 28.05.2022 and since then he is behind the bar for more than 60 days. As such, he is entitled to default bail.
Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only, with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, the accused/applicant, namely, Bibek Pathak, be enlarged on bail, in connection with the Dispur P.S. Case No.1287/2022, under Sections 420/406 of the IPC.
In terms of above, this bail application stands disposed of.
JUDGE Comparing Assistant