Bijoy Choudhary v. The State of Assam

ORDER Date : 01-02-2024 Heard Mr. N. Ahmed, learned counsel for the petitioner Sri Bijoy Choudhary.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as he is behind bars since Page No.# 2/3

22.12.2023 in connection with Noonmati Police Station Case No. 344/2023 under Section 379 of Indian Penal Code, read with Section 7 of Essential Commodities Act, 1955.

¶3Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

¶4The allegation against the petitioner is that he was found illegally carrying 300 litres of petroleum products in a vehicle bearing registration No. AS-01-LC-9781 in 14 (Fourteen) gallons.

¶5I have considered the submissions at the bar with circumspection. I have also scrutinized the case diary. Investigation has progressed to a considerable extent. Further custodial detention for the progress of investigation may not be required. I have considered the submissions that the petitioner is a local resident. It is stated that the petitioner is willing to abide by any bail conditions to be imposed upon him if he is granted bail. The petitioner is willing to cooperate with the trial.

¶6Considering all aspects, petition is allowed.

¶7The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of Eleka Magistrate under the conditions:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall not jump the bail.

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission till completion of the trial. Page No.# 3/3

(iv) The petitioner shall cooperate with the investigation as well as with the trial.

¶8On breach of any of the bail conditions, bail order shall stand cancelled.

Send back the case diary.

In the above terms Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010009282024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./192/2024 BIJOY CHOUDHARY S/O KUSHO CHOUDHURYR/O VILL- HANGRABARI LICHU BAGAN, P.S. DISPUR, GUWAHATI DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND