Bibek Mondal v. The State of Assam

ORDER

08.05.2024

Heard Mr. J.A. Ahmed, learned counsel for the accused and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Sri Bibek Mandol, who has been languishing in jail hazot, in connection with the Basistha P.S. Case No. 205/2024, under Sections 420/468/471 of the IPC, for granting bail.

¶3It is to be noted here that the above noted case has been registered on Page No.# 2/3 the basis of one FIR lodged by one Bittu Poddar, on 29.03.2024. The essence of allegations made in the FIR is that one Bibek Mandal of Lalganesh has issued one false EWS Certificate to the informant and thereby cheated him and a huge racket is found to be involved in issuance of fake/forged certificate.

¶4Mr. Ahmed, learned counsel for the accused submits that the accused was arrested on 30.03.2024, and since then he has been languishing in jail hazot for last 40 days. Mr. Ahmed further submits that vide order dated 30.04.2024, this Court was pleased to grant bail to one of the co-accused namely, Bineet Bardhan in B.A. No. 1198/2024 and that the present accused also stands in the same footing. Mr. Ahmed also submits that the accused is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. Gogoi, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the I.O. has collected sufficient incriminating materials against the accused and therefore, it is contended to dismiss the petition. However, Mr. Gogoi submits that the accused has thoroughly interrogated by the police.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7It appears that the accused was arrested on 30.03.2024, and since then he has been languishing in jail hazot for last 40 days. Further, it appears that the I.O. has collected some incriminating material in support of the allegation made in the FIR against the accused. It also appears that vide order dated 30.04.2024, this Court has granted bail to one of the co-accused namely, Bineet Bardhan in B.A. No. 1198/2024. Page No.# 3/3

¶8Having considered above and espicially the period of detention and balancing the same with the offence alleged in the FIR, this Court is of the view that further custodial detention of the accused seems to be not warranted in the interest of investigation.

¶9Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup [M] at Guwahati, the accused persons be enlarged on bail.

¶10In terms of above, this bail application stands disposed of.

¶11The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010089172024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1276/2024 BIBEK MONDAL S/O SRI KRISHNA MANDOL, VILLAGE LALGANESH PS FATASIL AMBARI, DIST KAMRUP ASSAM 781034 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. K M HASSAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN