Banajit Talukdar v. The State of Assam

ORDER

28.05.2024

Heard Mr. S. Ali, learned counsel for the petitioner. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 439 Cr. P.C. seeking bail by the Page No.# 2/2 accused/petitioner, namely, Banajit Talukdar, who was arrested on 25.04.2024 in connection with Dispur P.S. Case No. 337/2024 under Section 406/420 of IPC. From the materials available on record, it is seen that the informant and the accused are cousin in relation and it is alleged that the informant has given an amount of Rs. 10 Lakhs to his sister and the same money is not being returned. Considering the nature of allegation and also considering the period of detention, this Court is of the view that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) 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 Court or to any police office. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010104422024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1508/2024 BANAJIT TALUKDAR S/O LATE AJIT TALUKDAR R/O VILL- 1 NO. KEKANKUCHI P.O. KEKANKUCHI P.S. MUKALMUWA DIST.NALBARI, ASSAM PIN-781138 VERSUS THE STATE OF ASSAM REPREENTED BY THE PP, ASSAM Advocate for the Petitioner : MR KUTUB ALI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY