Diganta Madhab Baruah v. The State of Assam

ORDER Date : 20-01-2023 Heard Mr. A. Ganguly, learned counsel for the accused-petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam.

¶2By this application under Section 439, Code of Criminal Procedure, 1973, Page No.# 2/3 the accused-petitioner viz. Sri Diganta Madhab Baruah has prayed for his release on bail in connection with Bhangagarh Police Station Case no. 390/2022, registered for the offence under Section 392, Indian Penal Code [IPC].

¶3The accused-petitioner was arrested and produced before the Court of learned Chief Judicial Magistrate, Kamrup [M] on 01.01.2023 and on being so produced, he was remanded to custody.

¶4As per the First Information Report [FIR], when the informant's son along with one of his friends were near the television tower, Bhangagarh on

28.12.2022, two persons came near them and snatched away their mobile phones.

¶5The learned Additional Public Prosecutor has produced the case diary. The two mobile phones allegedly snatched away from the informant's son and his friend have been recovered from the custody of the accused-petitioner.

¶6Upon perusal of the materials in the case diary, in the context of the progress made in the investigation so far with the mobile phones have already been recovered; and considering the fact that the accused-petitioner is in custody since 01.01.2023, I am of the considered view that custodial detention of the accused-petitioner for any further period for the purpose of carrying out further investigation appears not necessary and if the accused-petitioner is released on bail, at this stage of investigation, further investigation of the case is not likely to be prejudicially affected, provided the accused-petitioner continues to extend him assistance and cooperation in the further investigation of the case.

¶7Accordingly, the accused-petitioner is allowed to be enlarged on bail on Page No.# 3/3 furnishing a bail bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup [M], subject to the following conditions :- [1] The accused-petitioner shall cooperate with the investigation and shall thereafter, make himself available as and when his presence is required by the I.O. in the investigation of the case; [2] The accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and [3] The accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. This application stands disposed of in the afore-mentioned terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010005822023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./131/2023 DIGANTA MADHAB BARUAH S/O LATE ANANTA MADHAB BARUAH R/O ANANDA NAGAR, HARIJAN COLONY GUWAHATI, P.S. BHANGAGARH, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A GANGULY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY