Abhimanyu Das @ Rup Madhurjya Das v. The State of Assam

ORDER Date : 06.05.2024

Heard Mr. M.Sarania, learned counsel for the petitioner as well as Mr. R.J.Baruah, learned Addl. P.P., Assam for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Abhimanyu Das @ Rup Madhurjya Das has prayed for grant of bail in connection with Chandmari P.S. Case No.318/2023 under Sections 120(B)/306/ 384/354 C of IPC R/W Section 67 A of I.T. Act. Page No.# 2/2 Case diary is received. The learned counsel for the petitioner submits that the petitioner has been languishing in judicial custody for 56 days since he was arrested on 12.03.2024 and only 4 days left to complete the mandatory period of 60 days and as such, considering length of detention, bail may be granted. The learned Addl.P.P. has vehemently objected on granting bail to the petitioner as there are several cases pending against him. Earlier he was absconder and arrested in Sarupathar PS Case No.06/2024 and then subsequently shown arrested in this case. Having heard the learned counsel for the parties and on perusal of the case diary, it appears that the petitioner is very much involved in the alleged offence. However, as the petitioner is in judicial custody for last 56 days as on today, considering length of detention, this Court is of the considered opinion that further detention of the petitioner in the interest of investigation is not warranted. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned CJM, Kamrup (M) Guwahati, subject to the following conditions;-

(i) The petitioner shall not leave the territorial jurisdiction of learned CJM, Kamrup (M) without prior written permission from him/her;

(ii) That the petitioner shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010082652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1192/2024 ABHIMANYU DAS @ RUP MADHURJYA DAS S/O SRI KAMALAKSHYA DAS CHAPAIDUNG, P.O. BONDA P.S. PRAGJYOTISHPUR DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR C GOSWAMI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI