Nitul Chandra Das v. The State of Assam

ORDER

08.02.2024

Heard Mr. P. Sharmah, learned counsel for the accused and Mr. R.J. Barua, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Nitul Chandra Das, who has been languishing in jail hazot, in connection with the Basistha P.S. Case No. 739/2023, under Sections 120[B]/447/420/468/471 of the IPC, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by one Sri Page No.# 2/3 Dipankar Kalita, on 28.11.2023. The essence of allegations made in the FIR is that one Bhabananda Pathak with the help of one Nitul Chandra Das, prepared forged documents and grabbed the land standing in the name of his mother, situated at Sawkuchi Town under Beltola Mouza, vide Dag No. 933 and Patta No. 773.

¶4Mr. Sharmah, learned counsel for the accused submits that the accused was shown arrested here in this case on 21.12.2023, and since then he has been languishing in jail hazot for last 50 days. Mr. Sharmah further submits that the accused was also arrested in connection with Cyber P.S. Case No. 12/2023 and Dispur P.S. Case No. 384/2023 and that he has been languishing in jail hazot, in connection with Cyber P.S. Case No. 12/2023, for last 86 days. Mr. Sharmah also submits that as per his instruction the accused is no way involved with the offence alleged in the FIR and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. Barua, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the IO has collected sufficient incriminating materials against the accused. However, Mr. Barua submits that the IO has achieved substantial progress in the investigation and now the investigation is pending only for collection of report of the handwriting expert from the FSL, Kahilipara, Guwahati.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7It appears that the accused was shown arrested here in this case on

21.12.2023, and since then he has been languishing in jail hazot for last 50 days. Further, it appears that the IO has collected some incriminating material in support of the allegation made in the FIR, against the accused. However, it appears from the case diary that the IO has achieved substantial progress in the investigation and now the investigation is pending only for collection of report of the handwriting expert from the FSL, Kahilipara, Guwahati. Page No.# 3/3

¶8Having considered above and also considering the period of detention and balancing the same with the nature and gravity of the offence alleged in the FIR, this Court is of the view that further custodial detention of the accused may not be warranted here in this case.

¶9Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup [M] at Guwahati, the accused persons be enlarged on bail.

¶10In terms of above, this bail application stands disposed of.

¶11The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010004502024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./117/2024 NITUL CHANDRA DAS S/O LT. FATIK DAS R/O BRIBARI P.O. BARIBARI P.S. MUKALMUA DIST NALBARI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P SHARMAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN