Pranjal Das v. The State of Assam

ORDER Date : 22-03-2024 Heard Mr. A.K. Azad, learned counsel for the accused/petitioner and B.B. Gogoi, learned Additional Public Prosecutor for the State.

¶2This is an application made under Section 439 Cr.P.C., seeking bail by Page No.# 2/3 the accused/petitioner, namely, Sri Pranjal Das, in connection with Kamalpur Police Station Case no. 198/2023 (G.R. Case no. 1270/2023), registered under Sections 120(B)/121(A), IPC read with Section 10/13 of Unlawful Activities (Prevention) Act.

¶3Learned counsel for the petitioner submits that the petitioner has been detained in custody for last 89 days for committing alleged offence. As per FIR, some miscreants had hoisted a flag of ULFA, a banned organization near Bihata Chariali Chowk but the petitioner was not present and was no way connected with the alleged offence and considering the period of detention, the accused/petitioner may be enlarged on bail.

¶4Learned Additional Public Prosecutor has produced the case diary and submits that there is no prayer by the I.O. requiring extension of period of detention of the accused/petitioner.

¶5I have heard the learned counsel for the parties. It appears that the allegation as per the FIR is that some miscreants have hoisted a flag of ULFA, a banned organization.

¶6In view of the above and considering the period of detention of the accused/petitioner, this Court is inclined to grant bail to the accused/petitioner.

¶7Accordingly, the accused/petitioner, Sri Pranjal Das, shall be released on bail in connection with Kamalpur Police Station Case no. 198/2023 (G.R. Case no. 1270/2023), registered under Sections 120(B)/121(A), IPC read with Section 10/13 of Unlawful Activities (Prevention) Act, on furnishing bail bond of Rs.30,000/- with a suitable surety of the like amount, to the satisfaction of learned SDJM, Rangia.

¶8The direction for bail is further subject to the conditions that the accused-Page No.# 3/3 petitioner:

(a) shall not leave the territorial jurisdiction of learned SDJM, Rangia, without prior written permission from him/her;

(b) 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 Court or to any police officer.

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

¶10Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010026472024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./404/2024 PRANJAL DAS S/O BABUL DAS R/O SEWALI PATH, WARD NO. 9, RANGIA, P.S. RANGIA, DIST.KAMRUP, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR K UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI