Tuman Das v. The State of Assam

ORDER Date : 25.01.2024

Heard Mr. R. J. Das, learned counsel appearing for the accused petitioner as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Tuman Das, has prayed for grant of bail in connection with Bharalumukh P.S. Case No.362/2023 under Sections 406/420/409/468/471/34 of the Page No.# 2/3 IPC. The case diary, as called for in connection with Bail Appln. No. 168/2024, is placed before the Court. The accused petitioner has been in judicial custody since 20.12.2023. The case of the prosecution is that the land of the informant was mutated in the name of one Manik Das fraudulently without there being any entry in the Index Box in the office of the Sale Register. Accordingly, a case was registered. Mr. Islam, learned counsel for the petitioner, submits that the other accused persons mentioned in the FIR were known to the petitioner and were living in the same locality and that he is not involved in the offence alleged. Mr. D. Das, learned Addl. P.P., Assam, on the other hand, strongly opposes the prayer of bail. I have considered the submissions made at the Bar and have perused the materials available on record including the case diary. It appears that the statement of the petitioner has already been recorded under Section 161 Cr.P.C. The investigation is going on. The petitioner has been languishing since last 36 days. It further appears that the other co-accused, namely, Debasish Barua, was already granted regular bail by this Court by order dated 09.01.2024. That being so, considering the entire aspects of the matter, this Court is inclined to grant bail to the petitioner. Accordingly, it is provided that the accused petitioner, named above, shall Page No.# 3/3 be released on bail of Rs. 50,000/-with one surety of like amount to the satisfaction of the learned C.J.M., Kamrup (M) subject to the following conditions-

i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and

ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court. Return the case diary. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010013792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./225/2024 TUMAN DAS S/O LT. MANIK DAS R/O B.R. PHUKAN ROAD, MACHKHOWA, P.S. BHARALUMUKH GUWAHATI-22, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. R J DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI