Sri Bhavesh Sharma v. The State of Assam

ORDER

18.03.2024 Heard Mr. S. Munir, learned counsel for the petitioner as well as Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam. By this application filed under Section 439 CrPC, the petitioner Sri Bhavesh Sharma, who was arrested in connection with Paltan Bazar P.S. Case No.26/2024 registered under Sections 379/120B IPC, has prayed for release on bail. Page No.# 2/2 On 22.01.2024, two persons came to a courier agency and wanted to send two cartoons to Shillong. But, when the courier personnel wanted to see the documents then those persons fled away. Therefore, the courier agency informed the Police. Later on, Police found that the cartoons contained mobile phones. Subsequently, Police arrested the present petitioner. It was found during investigation that the present petitioner does not have any connection with the aforesaid act but he knew the persons, who wanted to send the cartoons containing mobile phones to Shillong. Another aspect of the case is that, no notice under Section 41A CrPC was served upon the petitioner before his arrest. I have considered the submission made by the learned counsel for both the sides. Under the given circumstances, the petitioner does not deserve to be detained in custody for a further period of time. Hence, the prayer for bail is allowed.

Accordingly, petitioner Sri Bhavesh Sharma, who was arrested in connection with Paltan Bazar P.S. Case No.26/2024 registered under Sections 379/120B IPC shall be released on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M). The bail application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010052032024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./723/2024 SRI BHAVESH SHARMA SON OF MAHABIR SHARMA, R/O SHREE VINAYAK ENCLAVE, S J ROAD, ATHGAON, GUWAHATI, DIST. KAMRUP METRO ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MS N SULTANA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA