Subhangkar Das v. The State of Assam

PageoNo.#o1/2 GAHC010012932024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/174/2024o SUBHANGKARoDASo S/OoLATEoKALYANoDASo R/OoANANDAPARAo DULAIJAN,oTENGKHATo DIST.oDIBRUGARH,oASSAM VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oBoJoMUKHERJEEo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ::kBEFOREk::k HON'BLEkMR.kJUSTICEkPARTHIVJYOTIkSAIKIA kOkkkRkkkDkkkEkkkRk

20.03.2024 Heard the learned counsel Mr. B.J. Mukherjee appearing for the petitioner as well as Mr. P.S. Lahkar, learned Addl. Public Prosecutor representing the State of Assam. Page No.# 2/2

¶2This is an application under Section 438 of the CrPC in respect of the Barbaruah P.S. Case No.120/2023 under Sections 120B/406/409/420/34 of the Indian Penal Code (corresponding to G.R. Case No.1598/2023).

¶3Pursuant to an interim order granted in favour of the petitioner, he has appeared before the Investigating Officer and his statement has been recorded by the I/O.

¶4I have also heard Mr. Lahkar who submits upon the materials available in the case diary.

¶5Considering the aforesaid facts, this Court is of the opinion that since the petitioner has co-operated with police investigation, he does not deserve to be detained in custody. Therefore, his pre-arrest bail application is allowed.

¶6Interim bail granted to the petitioner Sri Subhangkar Das on 07.02.2024 is made absolute.

¶7The application for bail is disposed of. JUDGE Comparing Assistant