Kamakhya Talukdar v. The State of Assam

O R D E R

28.08.2024 o Heard Mr. B.D. Konwar, the learned Senior Counsel assisted by Ms. S. Jain, Page No.# 2/3 learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 483 of the BNSS, 2023 praying for grant of regular bail to the petitioner Sri Kamakhya Talukdar who has been arrested in connection with Jalukbari P.S. Case No.370/2024, registered under Sections 296/ 3(5)/ 308(4)/337/339/340(2)/351(2)/351(3)/61(2) of Bharatiya Nyaya Sanhita (BNS), 2023.

¶3Two persons, namely-Manoj Kumar Jain and Pradeep Kumar Jain have alleged in the FIR that their wives Anupama Jain and Nisha Devi Jain had purchased a plot of land on execution of registered sale deeds. In the meantime, the present petitioner acquired a Power of Attorney from the original owner of the land and thereafter he was demanding money from those two ladies and some other persons who are occupying the entire plot of land.

¶4It may be mentioned that the land purchased by those two ladies is also a subject matter of a title suit being Title Suit No.231/2021 pending in the court of Civil Judge No.2. Kamrup (M) at Guwahati. In that suit, the aforesaid two ladies are defendant nos.4 and 5.

¶5It has been submitted that the present petitioner is a 65 year old man having different medical problems.

¶6Some documents to that effect are also filed along with the bail application. I have gone through the case diary.

¶7Mr. Borthakur has objected to this bail application.

¶8I have considered the submissions made by the learned counsel of both sides.

¶9This Court is of the opinion that the allegation made in the FIR can be Page No.# 3/3 resolved by a civil court only. Apart from that, there are no sufficient incriminating materials against the present petitioner in the case diary to justify his further detention in custody.

¶10This Court is also aware of the medical condition of the present petitioner.

¶11Considering the aforesaid facts, his bail application is allowed.

¶12The petitioner Sri Kamakhya Talukdar who was arrested in connection with Jalukbari P.S. Case No.370/2024, registered under Sections 296/ 3(5)/ 308(4)/ 337/ 339/340(2)/351(2)/351(3)/61(2) of Bharatiya Nyaya Sanhita (BNS), 2023, shall be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M). The petitioner shall co-operate with police investigation as and when required. The bail application is disposed of accordingly. The case diary shall be returned.

JUDGE Comparing Assistant

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