Bittu Sarkar v. The State of Assam

O R D E R

18.03.2024

¶1Heard Mr. B. Mahajan, learned counsel for the petitioner. Also heard Mr. D. Page No.# 2/3 Das, learned Addl. P.P. for the State respondent.

¶2This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, Bittu Sarkar, who was arrested on 01.03.2024 in connection with Gorchuk P.S. Case No. 56/2024, registered under Sections 365/392 IPC added Section 413 IPC.

¶3The case of the prosecution in brief is that on 12.02.2024, an FIR was lodged alleging interalia that on 11.02.2024 at about 11.30 A.M., when the informant received Pure God weight 1 Kg. 500 gm. on behalf of his owner and went from ISBT, Betkuchi to Paltanbazar then 04 nos. of unknown persons forcefully came in a vehicle and pulled and grabbed the gold articles.

¶4Mr. B. Mahajan, learned counsel for the petitioner submits that the petitioner is not named in the FIR. He further submits that the petitioner is totally innocent and has been falsely implicated in the offence alleged.

¶5Mr. D. Das, learned Addl. P.P. for the State respondents opposes the prayer of the bail and submits that from the statement of one co-accused Ranjit Dey @ Bhini, who is implicated in the FIR has stated during interrogation that the petitioner helped him to flee from Guwahati to Calcutta.

¶6I heard the submission made at the Bar and I have perused the materials available on record.

¶7It appears that the investigation has been substantially progressed. As such further detention of the petitioner may not be justified.

¶8Considering the facts and circumstances of the case, it is provided that the petitioner, named above, shall be released on bail in connection with the above noted case on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of the Page No.# 3/3 learned CJM, Kamrup (M), Guwahati.

¶9The bail granted to the petitioner shall be subject to the following conditions-

i) The petitioner shall co-operate with the investigation,

ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer; and

iii) The petitioner shall refrain from such activities with which he is alleged, failing which, bail orders shall stand cancelled.

¶10With the above observation, this bail application stands allowed.

¶11This disposes of the bail application. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010057702024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./797/2024 BITTU SARKAR S/O AJAY SARKAR R/O VILL- SANTIPARA P.N. ROAD, P.S. DIBRUGARH DIST. DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI