Biplab Talukdar v. The State of Assam

ORDER Date : 08.04.2024

Heard Mr. P. C. Mazumdar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 439 of the Code of Criminal Procedure, for grant of bail to the accused/petitioner, who has been arrested in connection with Chhaygaon P.S. Case No. 48/2024, under Section 366 of the Indian Penal Code.

The case was fixed today for production of the Case Diary, but it is submitted by Mr. P. Borthakur, learned Additional Public Prosecutor, that the case has already been Charge-Sheeted, vide Charge-Sheet No. 45/2024, dated

29.02.2024. Accordingly, he submitted that the direction may be given to the accused/ petitioner to approach the learned Court below.

In this context, Mr. P. C. Mazumdar, learned counsel for the petitioner, has submitted that the accused/petitioner is behind the bar for last 62 days and considering his length of detention, he may be enlarged on bail.

Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide Charge-Sheeted, vide Charge-Sheet No. 45/2024, dated 29.02.2024, I do not find it Page No.# 3/3 appropriate to pass any order on bail and accordingly, the accused/petitioner is hereby directed to appear before the learned Court below with an appropriate application for bail, which shall be considered by the learned Court below in accordance with law.

In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010062902024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./908/2024o BIPLABoTALUKDARo S/OoPARAMAoTALUKDARo RESIDENToOFoVILL-o2oNO.oZIAKURo P.S.oCHHAYGAONo DIST.oKAMRUP,oASSAMo MOBILEoNO.o8472012028 VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoToMAZUMDARo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA