Arup Jyoti Das v. The State of Assam

ORDER Date : 12-03-2024

Heard Mr. S. Munir, learned counsel for the applicant and also heard Mr. R. J. Barua, learned Addl. P.P. for the State respondent. This application, under Section 439 Cr.P.C. is preferred by the accused, namely, Arup Jyoti Das, who has been languishing in jail hajot in connection with Page No.# 2/3 Panbazar P.S. Case No. 08/2024, under Sections 406 /420/ 468 /471 IPC, for grant of bail. The above noted case has been registered on the basis of an FIR lodged by one Smt. Subhashree Das on 29.12.2023. The essence of allegation made in the FIR dated 29.12.2023, is that her father late Jatin Das was the owner of a plot of land measuring 2 katha 9.97 lechas covered by dag No. 152 in K.P. Patta No. 352 of village Ramsahil grant under Ulubari Mauza and after the death of her father, she came to know that her brother Arup jyoti Das's name was mutated in the jamabandi without her and her sister's knowledge. Thereafter, she filed one RTI petition asking the details about the same and after receiving the RTI reply dated 29.7.2023 alongwith affidavit dated 21.5.2022, she came to know that her brothers namely, Sri Nabajyoti Das, Sri Ghanashyam Das and Arup Jyoti Das have jointly forged her signature alongwith the signature of her sister namely, Pranita Das and Jonali Das in the affidavit dated 21.5.2022 and notarized the same before one Notary and produced the same before the Circle Officer for getting the mutation in the name of Sri Arup Jyoti Das. Mr. Munir submits that the dispute is between the brothers and sisters and that they have effected a compromise and also agreed to cancel the mutation in the name of the present accused and one Title Suit being T. S. No. 583/2022 has also been instituted by the informant and her two sisters and that he is ready to cooperate with the investigating agency and therefore it is contended to allow the petition. Whereas, Mr. R. J. Barua learned Addl. P.P. submits that the I.O. has collected sufficient incriminating materials against the present accused and the FSL report also confirmed that the signature of the informant and his sisters were forged in Page No.# 3/3 the affidavit and therefore Mr. Barua has opposed the petition. Having heard the submission of learned Advocates of both sides, I have carefully perused the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Barua, learned Addl. P.P. It appears that the accused was arrested on 28.2.2024 and since then he is languishing in jail hajot for last 15 days. Further it appears that the investigation is almost completed and the FSL report is also collected. In view of above, further custodial detention of the accused seems to be not warranted herein this case. And therefore this Court is inclined to allow this petition. It is provided that on furnishing a bond of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) Guwahati, the accused be enlarged on bail. Case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010048712024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./675/2024 ARUP JYOTI DAS S/O LATE JATIN DAS R/O KHARGHULI, JOYPUR NEAR DON BOCSO INSTITUTE, P.S. LATASIL DIST KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM ,REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN