Samrat Roy v. The State of Assam

ORDER

11.03.2024

Heard Mr. B. Chowdhury, learned counsel for the accused and Mr. R.J. Barua, 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, Samrat Roy, who has been languishing in jail hazot since 30.12.2023, in connection with the Hatigaon P.S. Case No. 27/2024, under Sections 406/420 of the IPC, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by Page No.# 2/3 ASI Dhrubajyoti Sharma, on 19.02.2024. The essence of allegation made in the FIR is that in connection with GD Entry No. 26/2024, dated 17.02.2024, he has conducted the investigation and on checking IMEI number of mobile phone, one Samrat Roy has been apprehended and brought to the police station and during interrogation he disclosed that he has handed over the stolen Honda Generator to an organization namely, TCE Courier Express.

¶4It is to be noted here that the GD Entry No. 26/2024, dated

17.02.2024, has been recorded on the basis of one complaint lodged by one Jitu Deugharia, on 17.02.2024, wherein it is alleged that one individual took the complainant's Honda Generator Model No. 70IS, worth of Rs. 2,50,000/-, for Rs. 2,500/- per day on rental basis and the generator was collected from Beltola Tiniali and delivered to Cafe at Zoo Road Tiniali. Thereafter, the complainant having visited the case found that the person in question had deceitfully absconded with the equipment.

¶5Mr. Chowdhury, learned counsel for the accused submits that the accused was arrested on 19.02.2024, and since then he has been languishing in jail hazot for last 22 days. Referring to the forwarding report, Annexure – 3 (Page No. 22), Mr. Chowdhury submits that while causing arrest of the accused by the IO, he has not complied with the provision of Section 41(A) Cr.P.C. Mr. Chowdhury further submits that the said generator has already been seized from TCE Courier Express, Betkuchi. Mr. Chowdhury also submits that the accused is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶6On the other hand, Mr. Barua, learned Additional Public Prosecutor submits that he has not received the case diary. Mr. Barua further submits that the Section 41(A) of the Cr.P.C. has not been complied with by the IO, here in Page No.# 3/3 this case.

¶7Having 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.

¶8It appears that the accused was arrested on 19.02.2024, and since then he has been languishing in jail hazot for last 22 days. Further, it appears that while causing arrest of the accused by the IO, he has not complied with the provision of Section 41(A) Cr.P.C.

¶9Having regards to above and also having regards to the observation made by Hon'ble Supreme Court in the case of Arnesh Kumar vs. The State of Bihar, reported in (2014) 8 SCC 273 and in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr., reported in 2022 LiveLaw (SC) 577, this Court is of the view that the accused is entitled to bail for non-compliance of Section 41(A) of the Cr.P.C.

¶10Accordingly, this Court is inclined to allow this application, without the case diary and therefore, it is provided that on furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, the accused be enlarged on bail.

¶11In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010048662024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./678/2024 SAMRAT ROY S/O LATE KAMAL ROY, R/O HOUSE NO 27, LOKNATH PATH, LALGANESH, P.S. FATASIL AMBARI, DISTRICT KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN