Ranjit Dey v. The State of Assam

O R D E R

09.04.2024.

Heard Mr. N. Mahajan, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam for the State respondent.

¶2This is the second application filed under Section 439 of the Cr.P.C., 1973 for granting regular bail to the petitioner, namely, Ranjit Dey who has arrested on 01.03.2024, in connection with the Garchuk P.S. Case No.56/2024, registered Page No.# 2/3 under Sections 365/392/413 of the IPC (G.R. Case No.787/2024).

¶3The case of the prosecution is that on 11.12.2024, an FIR was lodged alleging inter alia that on 11.02.2024 at about 11.30 A.M., when the informant received Pure Gold weighing 1.5 Kg. on behalf of his owner and went from ISBT, Betkuchi to Paltanbazar, four numbers of unknown persons in a Scorpio vehicle forcefully pulled him and grabbed the gold articles and accordingly a case was registered.

¶4Mr. N. Mahajan, learned counsel for the petitioner submits that the petitioner has been languishing in the jail since last 41 days and other co-accused has already been granted bail by this Hon'ble Court.

¶5On the other hand, Mr. D. Das, learned Addl. P.P., Assam for the State respondents has strongly opposes the bail prayer. He further submits that it appears from the case diary submitted by the Investigating Officer that one Rahul Power has engaged the petitioner along with other co-accused to commit the offence alleged.

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

¶7Considering the length of detention and totality of the facts of the case, this Court is of the considered view that further detention of the petitioner may not be justified for the ongoing investigation.

¶8Accordingly, 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 Thousands) only with one surety of like amount, to the satisfaction of the learned CJM, Kamrup (M) at Guwahati.

¶9The bail granted to the petitioner shall be subject to the following Page No.# 3/3 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 order shall stand cancelled.

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

¶11Send back the case diary forthwith.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010071642024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1001/2024 RANJIT DEY SON OF LATE CHARAN DEY R/O VILL- LACHIT NAGAR, 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 HON'BLE MR. JUSTICE KAUSHIK GOSWAMI