Sankar Dev Saha v. The State of Assam

ORDER

13.02.2024

Heard Mr. M. Khan, learned counsel for the accused and Ms. A. Begum, 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, Sankar Dev Saha, who has been languishing in jail hazot, in connection with the Manikpur P.S. Case No. 04/2024, under Sections 420/406 of the IPC, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by Page No.# 2/3 one Samsul Alom, on 06.01.2024. The essence of allegation made in the FIR is that on 31.12.2023, he has transferred a sum of Rs. 2,000/- to his friend Sohid Ali through Google Pay, but Sohid Ali has not received the same and he informed him that the phone number, against whom the amount was transferred has no Google Pay account. Thereafter, after inquiring in the Bank of Baroda, he came to know that the said account belongs to one Hasen Ali and when inquired, said person informed him that he is not aware of the said account. Then, he again inquired in the said bank and came to know that the account was opened through CSP, Gerukabari BOB and it was opened by one person namely, Sankar Dev Saha, having mobile No. 9678580104.

¶4Mr. Khan, learned counsel for the accused submits that the accused was arrested on 08.01.2024, and since then he has been languishing in jail hazot for last 36 days. Mr. Khan further submits that the accused is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶5On the other hand, Ms. Begum, learned Additional Public Prosecutor submits that she has not received the case diary, but he has the instruction that the I.O. has already completed investigation and laid Charge-Sheet against the accused, under Sections 420/406 of the IPC, vide Charge-Sheet No. 08/2024, dated 30.01.2024.

¶6Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record.

¶7It appears that the accused was arrested on 08.01.2024, and since then he has been languishing in jail hazot for last 36 days. Further, it appears that the I.O. has already completed investigation and laid Charge-Sheet against Page No.# 3/3 the accused, under Sections 420/406 of the IPC, vide Charge-Sheet No. 08/2024, dated 30.01.2024.

¶8Since the IO has completed the investigation and submitted charge sheet against the accused and balancing the period of detention with the nature and gravity of the offence, this Court is inclined to allow this petition. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- each only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon, the accused be enlarged on bail.

¶9In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010014992024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./241/2024 SANKAR DEV SAHA S/O SADANANDA SAHA R/O VILL- NO. 2 JAMDOHA, P.S. MANIKPUR, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN