Sri Sib Charan Gupta @ Bhola, v. The State of Assam

O R D E R

¶1106. 2024 Heard Mr. D Kalita, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam. Page No.# 2/2 By this application under Section 438 Cr.P.C., the petitioners, namely, 1. Sri Sib Charan Gupta @ Bhola, 2. Palash Chowdhury @ Santosh are seeking pre-arrest bail in Tinsukia PS case No. 122/2024 (GR No. 240/2024) under Section 120(B)/406/420 IPC read with Section 13 & 14 of Game and Betting Act (Assam), 1970. This court vide order dated 20.05.2024 while calling for the case diary had granted interim protection to the petitioners. Case diary produced is perused. From the materials available on record, it is seen that the petitioners have fully cooperated with the investigation and their statements were also recorded. The material so far collected by the investigating officer against the above named petitioners, in the considered opinion of this court, do not warrant custodial interrogation of the petitioners in this case inasmuch as the petitioners had cooperated with the investigating authority and there is no allegation that they tried to hamper and tamper with the investigation. Therefore, in the totality of the matter, the interim protection granted under order dated 20.05.2024 is made absolute with the same terms and condition. Bail application stands disposed of. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010099342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1287/2024 SRI SIB CHARAN GUPTA @ BHOLA, S/O LATE ATMA PRASAD GUPTA, RESIDENT OF SHARODA ROAD,PASCHIM SRIPURIA, PS AND DIST TINSUKIA, ASSAM 786125 2: SRI PALASH CHOWDHURY @ SANTOSH S/O ASARFI CHOWDHURY RESIDENT OF UDOYPUR ROAD WEST SRIPURIA TINSUKIA TOWN PO AND DIST TINSUKIA ASSAM 78612 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR Advocate for the Petitioner : MR D KALITA Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY