Suraj Dalu and 3 Ors v. The State of Assam

ORDER

12.06.2024

¶1Heard learned counsel Mr. A. W. Aman for the petitioners, namely (i) Suraj Dalu, (ii) Swapan Das, (iii) Ranjit Das, and (iv) Shyamal Mazumdar.

¶2This application has been filed by the petitioners under Section 439 of the Cr.PC with prayer for bail as they are behind bars since 01.06.2024 in connection with Gossaigaon P.S. Case No. 83/2024 under Sections 379/411/413/34 of the IPC.

¶3Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that the complainant received an information that one Hydra JCB vehicle bearing registration No. WB-70S-9012 was trying to lift the RS-JOIST (iron) to one Trailor vehicle bearing registration No. WB-11F-5052 which was kept in the old PWD IB premises at Mandapara under Bhawraguri area.

¶5When the drivers of the vehicle were confronted, they stated that they were permitted to carry the same. It was suspected that the items were illegally taken for smuggling.

¶6The complainant then restrained the miscreants from lifting the Page No.# 3/4 aforementioned articles.

¶7It is submitted on behalf of the petitioners that the petitioners were not involved in any illegal activities. Annexure-5 of the petition reveals that they were paid to load and transport the aforementioned articles.

¶8It is submitted that it is not a case under Sections 379/411 of the IPC.

¶9It is further submitted that as the petitioners have no criminal antecedent and there is no case under Section 413 of the IPC.

¶10The learned Additional Public Prosecutor has raised objection stating that investigation is at its nascent stage as the articles which were loaded by the miscreants are Government property and no valid documents could be shown by the petitioners, when confronted.

¶11I have considered the submissions that the petitioners are willing to co-operate with the remaining part of the investigation.

¶12The petitioners are willing to abide by any stringent conditions imposed upon them if they are enlarged on bail.

¶13In view of my foregoing discussions, the petitioners are enlarged on bail of Rs. 50,000/- (Rs. Fifty Thousand) each with a local surety of like amount to the satisfaction of the SDJM(M), Gossaigaon under the condition that;

(i) the petitioners shall refrain from any such activity with which they are alleged, failing which bail order shall stand cancelled. Page No.# 4/4

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010117392024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1692/2024o SURAJoDALUoANDo3oORS.o S/OoLATEoKHARENDRAoDALUo R/OoVILL-oDERAPATHARo P.S.o1oNO.oKAKI,oDIST.oHOJAI,oASSAM 2:oSWAPANoDAS oS/OoSUSILoDASo R/OoVILL-oUTTARoKAMAKHYAGURI oP.S.oSAMUKTALAo DIST.oALIPURDUARo(W.B.) 3:oRANJIToDAS oS/OoSUKUMARoDASo R/OoVILL-oUTTARoKAMAKHYAGURI o P.S.oKUMARGRAM oDIST.oALIPURDUARo(W.B.) 4:oSHYMALoMAZUMDAR oS/OoRABINDRAoMAZUMDARo VILL-oAZARBARIo P.S.oLANKAo DIST.oHOJAI oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoSARFRAZoNAWAZo Page No.# 2/4 Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND