Bikash Sharma v. The State of Assam

ORDER

18.06.2024

Heard Mr. N. J. Dutta, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, 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.# 2/3 accused/petitioner, namely, Bikash Sharma, who was arrested on 03.06.2024 in connection with Basistha P.S. Case No. 360/2024 registered under Section 294(A) of IPC read with Sections 14/15 of Assam Games and Betting Act, 1970. Case diary is received. Perused the same. The petitioner was arrested on 03.06.2024 and since then, he is in custody for last 15 days. The offences alleged are under Section 294(A) of IPC read with Sections 14/15 of Assam Games and Betting Act, 1970. The co-accused has already been granted bail by this Court under its order dated 30.05.2024 passed in BA No. 1554/2024. The material so far collected by the investigating officer, it is revealed that the petitioner has thoroughly been interrogated and co-operated with the investigation. Considering the stage of investigation as well as 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 Page No.# 3/3 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. Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010116052024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1677/2024 BIKASH SHARMA S/OMOHAMAYA SHARMA R/O KALIBARI ROAD, BENGALI BASTI, HOUSE NO. 13, PS. BASISTHA, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY