Dipangkar Das v. The State of Assam

ORDER Date : 26-06-2024

¶1Heard Mr. R. Bora, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Dipangkar Das, who has been Page No.# 2/4 detained behind the bars since 05.06.2024 in connection with Basistha P.S. Case No. 352/2024.

¶3The gist of accusation in this case is that 20.05.2024, one Pradeep Sinha of Instakart Services Private Limited had lodged an FIR before the Officer-in-Charge of Basistha Police Station, inter alia, alleging that one Shahidul Islam, the delivery executive of the Instakart Services Limited was involved in misappropriation of shipment received through Flipkart.

¶4It is also submitted by the learned counsel for the petitioner that after lodging of the said FIR, Basistha P.S. Case No. 352/2024 was registered and investigation was initiated and on 03.06.2024, the accused named in the FIR, namely, Shahidul Islam was arrested and was remanded to the Police custody. It is submitted by the learned counsel for the petitioner that during Police custody the co-accused, had disclosed the name of the present petitioner having been involved in similar offences and on 05.06.2024, Basistha Police arrested the petitioner without serving any notice under Section 41A of the Code of Criminal Procedure, 1973 to the above named petitioner though for both the offences involved in this case, the maximum punishment is not more than 7(seven) years.

¶5The learned counsel for the petitioner has submitted that he is innocent and has already been detained for more than 20(twenty) days and considering the period of detention, he may be allowed to go on bail.

¶6Considering the fact that no notice under Section 41A was served on him as well as considering the period of detention, the petitioner may be Page No.# 3/4 allowed to go on bail.

¶7On the other hand, learned Additional Public Prosecutor has produced the case diary of Basistha P.S. Case No. 352/2024 and has submitted that though there are incriminating materials against the above named petitioner, however, he has also submitted that the investigation has fairly progressed.

¶8I have considered the submissions made by learned counsel for both the sides and have perused the materials on record including the case diary of Basistha P.S. Case No. 352/2024.

¶9In this case, as the offence involved, the prescribed punishment is not more than seven years, the arresting authority should have issued notice under Section 41A of the Code of Criminal Procedure, 1973 to the present petitioner before affecting any arrest.

¶10It also appears that in the meanwhile the investigation has fairly progressed, hence, further custodial detention of the above named petitioner does not appear to be necessary for fair completion of the investigation of Basistha P.S. Case No. 352/2024.

¶11In view of the above, the above named petitioner is hereby allowed to go on bail of Rs.30,000/- with one surety of like amount subject to the satisfaction of learned Chief Judicial Magistrate, Kamrup(M), Guwahati:- i. That the petitioner shall cooperate in the investigation and shall appear before the Investigating Officer; ii. That the petitioner shall not directly or indirectly make Page No.# 4/4 any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer.

¶12With the above observation, this bail application is accordingly disposed of.

¶13Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010120992024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1751/2024 DIPANGKAR DAS S/O DEBEN DAS PERMANENT RESIDENT OF HOUSE NO. 1, KUKESWAR BARUAH PATH, BHAGADUTTAPUR, KAHILIPARA, GUWAHATI, P.S. DISPUR, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R BORA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA