Ranjit Sen v. The State of Assam

ORDER Date : 20-05-2024

¶1Heard Mr. S.C. Das, learned counsel for the petitioner.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, namely, Ranjit Sen who is apprehending arrest in connection with Tangla P.S. Case No. 23/2024, under Sections 294/384/307/386 of the Indian Penal Code. Page No.# 2/2

¶3Heard Mr. R.R. Kaushik, learned Addl. PP, Assam.

¶4The FIR unfolds that the petitioner has been harassing and torturing the informant by demanding money since 2020. The petitioner even threatened to kill the informant as he failed to fulfil his demand. In the year 2021 the informant paid an amount of Rs. 1 lac to the petitioner. Again on 17.09.2023 the petitioner demanded money and tried to commit murder of the informant and assaulted him by demanding money and the petitioner took away an amount of Rs. 1 lac from the informant.

¶5I have considered the submissions at the Bar. I have also scrutinised the Case Diary. Investigation has progressed to a considerable extent. The custodial interrogation of the petitioner may not be required. The merits of the case are not brought to the fore. The petitioner is a local resident and he is willing to co-operate with the investigation.

¶6Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:- i. The petitioner shall refrain from such activities with which he is alleged; and ii. the petitioner shall not exercise threats to the informant. On breach of any of the bail conditions, bail order shall stand cancelled. Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010084202024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1088/2024 RANJIT SEN S/O LATE RAMESH SEN R/O W/NO. 1, TANGLA P.S. TANGLA DIST. UDALGURI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S C DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND