Nitul Chandra Das v. The State of Assam

ORDER

15.03.2024 Heard Mr. P. Sharmah, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P, Assam for the State respondent. This is an application under Section 439 of the Cr.PC, 1973 for granting regular bail to the petitioner, i.e., Nitul Chandra Das, who was arrested on Page No.# 2/3

16.12.2023 in connection with Fatasil Ambari P.S. Case No. 275/2023 registered under Sections 468/471/472 of IPC and added Section 409 of IPC. The facts of the case is that on 08.11.2023, the informant had lodged an FIR alleging inter alia that the land which was in the name of his deceased father and family was falsely claimed by one Nirmal Kr. Sharma on the basis of fake documents. Mr. P. Sharmah, learned counsel for the petitioner submits that the petitioner has been languishing in jail since last 90 days. He further submits that the allegation leveled against the petitioner is totally false. Mr. P. Borthakur, learned Addl. P.P on the other hand strongly opposes the prayer for bail. I have heard the submissions made at the bar and have perused the materials available on record. It appears that the investigation has been substantially progressed and the petitioner has been languishing in jail for last 90 days. It further appears that the petitioner has cooperated with the investigation. Considering the length of detention and other aspects of the matter, this Court is inclined to grant regular bail to the petitioner. Accordingly, it is provided that the petitioner named above shall be released on bail in connection with the above noted case with a bail bond of Rs. 30,000/-with one surety of like amount to the satisfaction of the learned CJM, Page No.# 3/3 Kamrup, Metro, subject to the following conditions:-

(i) That the petitioner shall co-operate with the investigation.

(ii) That the 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 Court or to any Police Officer; and

(iii) That the petitioner shall refrain from committing any similar offence in future of which he is accused or suspected of commission. With the above observation and direction, the Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010045272024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./685/2024 NITUL CHANDRA DAS SON OF LATE FATIK DAS, R/O BARIBARI P.S- MUKALMUA, DISTRICT - NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, GOVT. OF ASSAM. Advocate for the Petitioner : MR R CHETRY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI