Samir Shill @ Apu Shill and Anr v. The State of Assam

ORDER

20.03.2024 Heard Mr. S Bora, learned counsel for the petitioner as well as Mr. D P Goswami, learned Additional Public Prosecutor, Assam. By this application filed under Section 439 CrPC, the petitioners, namely, (1) Sri Samir Shill @ Apu Shill and (2) Sri Biplab Basak @ Biju Basak, who were arrested in connection with Sapatgram P.S. Case No. 10/2024 registered under Sections 120(B)/420/448/384/387/506/408 IPC, have prayed for release on bail. The informant borrowed a sum of Rs.40,000/- from the present petitioners. It was stipulated that the informant will pay 10% interest. Accordingly, the informant paid Rs.8,000/- to the petitioners. After that, the petitioners had quarreled with the informant and they took away the bank passbook, driving license along with the documents of a car from the informant. The petitioners allegedly took a signature of the informant on a blank stamp paper. I have considered the submission made by the learned counsel for both the sides. The petitioners have already undergone 19 (nineteen) days in custody. This court is of the opinion that under the given circumstances the petitioners do not deserve to be detained in custody for a further period of time. Hence, the bail application of the petitioners is allowed. Accordingly, it is directed that the petitioners , namely, (1) Sri Samir Shill @ Apu Shill and (2) Sri Biplab Basak @ Biju Basak, who were arrested in connection with Sapatgram

P.S.

Case

No.

10/2024

registered

under

Sections 120(B)/420/448/384/387/506/408 IPC shall be released on bail of Rs.10,000/- each Page No.# 3/3 with one surety of like amount to the satisfaction of the learned SDJM, Bilasipara, Dhubri. The bail application is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010059292024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./821/2024o SAMIRoSHILLo@oAPUoSHILLoANDoANRo S/oSANKARoSHILLo R/OoWARDoNO.o10oOFoSAPATGRAMoMUNICIPALITYo P.O.oANDoP.S.oSAPATGRAMo DIST.oDHUBRI,oASSAM,o PIN-783337 2:oBIPLABoBASAKo@oBIJUoBASAK oS/OoLATEoMAHADEVoBASAKo R/OoVILL-oSONALUGURIo P.O.oRANIGANJo P.S.oSAPATGRAMo DIST.oDHUBRI oASSAMo PIN-78334o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oDoPoMANDALo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA