Mridul Hazarika v. The State of Assam

ORDER Date : 22.02.2024

Heard Mr. S. Sahu, learned counsel for the accused and Ms. A. Begum, learned Addl. Public Prosecutor for the State respondent.

¶2This application, under Section 439 Cr.P.C. is preferred by the accused, namely, Mridul Hazarika, who has been languishing in jail hazot in connection Page No.# 2/3 with Gohpur P.S. Case No. 11/2024, under Sections 420/406 of the IPC, for grant of bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Ram Nath Doley on 01.02.2024. The essence of allegation made in the FIR dated 01.02.2024, is that on 24.11.2017, the accused Mridul Hazarika entered into an agreement with the informant for selling a plot of land, measuring 1 Katha 10 Lechas, covered by Kheraz Myadi Patta No. 65, Dag No. 57 of Sali class in Niz Gohpur, fixing the sell consideration at Rs. 6,00,000/-, and he paid the amount of Rs. 6,00,000/- to the accused and as per agreement, the said plot of land was to be transferred by 24.02.2018, by executing a registered sale deed. But, the accused failed to execute the registered sale deed, and thereafter, he informed the informant that he could not sell the said plot of land due to some inconvenience and on 01.07.2023, he promised to return the sell consideration of Rs. 6,00,000/- with interest by

30.08.2023, by executing a notarized agreement. But, he failed to keep the said promise and thereby cheated the informant.

¶4Mr. Sahu, the learned counsel for the accused submits that the accused was arrested on 04.02.2024 and since then, he has been languishing in jail hazot for last 18 days and that the matter relates to document and the same might have been collected by the investigating agency, and that the accused is ready to cooperate with the investigating agency and therefore, it is contended to allow the application.

¶5On the other hand, Ms. A. Begum, learned Addl. Public Prosecutor submits that she has not received the case diary, but, as per her instruction, the I.O. has completed investigation and laid charge-sheet, being charge-sheet No. 17/2024, dated 18.02.2024, under Sections 406/420 of the IPC, against the accused. Page No.# 3/3

¶6Since the charge-sheet has been submitted after completion of investigation, the question of hampering the investigation or tampering the witnesses does not arise and now the trial will start and the accused has to prepare his defence, besides, he has been languishing in jail hazot for last 18 days.

¶7Having considered above, this Court is inclined to allow the application. It is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned SDJM(M), Gohpur, the accused be enlarged on bail.

¶8In terms of above, this application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010031332024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./437/2024 MRIDUL HAZARIKA S/O BHOLANATH HAZARIKA CHUK, P.O. AND P.S. GOHPUR, DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S SAHU Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN