Bapan Deb Nath v. The State of Assam

ORDER Date : 31.05.2024

Heard Mr. P.Das, learned counsel for the petitioner as well as Mr. R.J.Baruah, learned Addl. P.P., Assam for the State respondent. This is an application filed under Section 439 Cr.P.C.,by the petitioner, namely, Bapan Deb Nath seeking bail in connection with Dispur P.S. Case No. 194/2024 under Section 341/ 326/ 307 IPC read with Section 25(IA)/27 of the Arms Act. Page No.# 2/2 The learned counsel for petitioner submits that the petitioner has been languishing in judicial custody for 88 days since he was arrested on 05.03.2024 and as such, considering length of detention, bail may be considered. Though case diary is received without the medical report, learned Addl.P.P. submits that there is material against the petitioner. However, court may consider length of detention. Having heard learned counsel for the parties and on perusal of case diary and the averments made in this petition, it appears that the petitioner is in judicial custody for last 88 days and as such, 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), Guwahati 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 GAHC010086162024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1255/2024 BAPAN DEB NATH S/O MONORANJAN DEB NATH PERMANENENT RESIDENT OF VILL- DOTMA BAZAR, P.S DOTMA, DIST. KOKRAJHAR, BTR, ASSAM PRESENTLY RESIDING AT N/M, DISPUR, GUWAHATI EAST, P.S. DISPUR, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI