Bhupen Nath v. The State of Assam

ORDER

26.07.2024 Heard Mr S C Biswas, learned counsel for the petitioner, Sri Bhupen Nath, who has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with Page No.# 2/3 prayer for pre-arrest bail as he is apprehending arrest in connection with Tezpur Police Station Case No. 235/2024, corresponding to G.R. Case No. 683/2024 under Sections 389/392/34 of the Indian Penal Code, 1860.

¶2Heard Mr B B Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner and the co-accused named in the FIR is that they identified themselves as journalists from T.V. channel and they acted aggressively and demanded Rs.71,000/- (Rupees Seventy One Thousand) and snatched away one gold chain from the informant and his companion and they also took money amounting to Rs.25,000/- (Rupees Twenty Five Thousand) each (three times) through Gpay and Rs.25,000/- (Rupees Twenty Five Thousand) through ATM.

¶5It is submitted on behalf of the petitioner that both the parties have amicably settled their dispute and this clearly reveals that a false case has been foisted against the petitioner. Annexure-3 of the petition is the Deed of Settlement between the parties which clearly reveals that this case was instituted due to some misunderstanding.

¶6Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner, but the petitioner has appeared before the IO and has cooperated with the investigation.

¶7I have considered the submissions at the Bar with circumspection.

¶8The petitioner has not violated any bail conditions. Page No.# 3/3

¶9Case Diary reveals that investigation has progressed to a considerable extent.

¶10It appears that custodial interrogation of the petitioner may not be required. The petitioner has pledged to abide by any stringent bail conditions, if imposed upon him.

¶11Considering all aspects and in view of my foregoing discussions, the interim order dated 21.06.2024, is hereby made absolute, under the conditions that-

i) the petitioner shall refrain from such activities with which he is alleged, and

ii) the petitioner shall not leave the jurisdiction of the Court, without prior permission. On breach of any of the conditions, this bail order shall automatically stand cancelled.

¶12With the aforesaid directions, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010129672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1506/2024 BHUPEN NATH S/O LATE NABIN NATH R/O USHA NAGAR CHITROLEKHA NAGAR P.S.-TEZPUR P.O.-TEZPUR DIST- SONITPUR ASSAM PIN-784001 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. S C BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND