Gauhati High Court
Nitya Chakma vs The State Of Assam on 21 October, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010209402022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2648/2022
NITYA CHAKMA
S/O KANUNGO CHAKMA,
PERMANENT RESIDENT OF VILLAGE KAMALAPUR, P.S.- PECHARTHAL,
DIST.- NORTH TRIPURA, PIN- 799263.
VERSUS
THE STATE OF ASSAM
REP. BY ITS P.P., ASSAM.
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 21.10.2022 Heard Ms. D Ghosh, learned counsel for the accused petitioner as well as Mr. RJ Baruah, learned Addl. P.P., Assam for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Nitya Chakma has prayed for grant of bail in connection with Dispur PS Case No.2141/2022 under Sections Page No.# 2/3 386/365 of the IPC r/w Section 77 of JJ Act r/w 14/15 of the POCSO Act.
Perused the case diary.
The allegation in the FIR is that one Alif has been extorting money from the grandson of the informant for the last one year by threatening him that he will kill the informant and his daughter on various occasion. On 2nd September, the said Alif even kidnapped his grandson and made nude video on mobile with a girl and again demanded money from him.
It is noticed that the accused has been in judicial custody for 32 days since 20.09.2022.
Perusal of the case diary shows that the accused petitioner is not the prime accused. It is further seen that the accused petitioner is a student and is pursuing MBA course. Be that as it may, considering the nature of allegation and the complicity of the accused petitioner in the alleged offence and also the length of detention, in judicial custody, this court is of the opinion that if the liberty of bail is granted to the accused petitioner, the ongoing investigation into the case is unlikely to be hampered.
Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 40,000/- ( Forty Thousand) with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M) at Guwahati subject to the following conditions- :
(i) That the accused petitioner shall cooperate with the Investigating Officer as and when required;
(ii) That 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; and
(iii) That the accused petitioner shall refrain from committing any such offence of which he is accused of commission.
The bail application is disposed of accordingly.
Return the case diary.
JUDGE Page No.# 3/3 Comparing Assistant