Phanindra Kumar v. The State of Assam

ORDER

26.06.2024

¶1Heard learned counsel Mr. B. Mahajan for the petitioner Phanindra Kumar.

¶2This application has been filed under Section 439 of the Cr.PC with prayer for Page No.# 2/3 bail as the petitioner is behind bars since 07.06.2024 in connection with Latasil P.S. Case No. 30/2024 under Sections 120(B)/420/465/467/468 of the IPC.

¶3Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that Sri Ajay Basfor, conjointly with Sri Manoj Basfor, induced the informant to provide his documents such as Aadhaar Card Pan Card, Voter ID. Passport Size Photograph etc. In this manner, other customers were also induced, who had provided their valuable documents to the miscreants. They were promised with loan of Rs. 1,20,000/- from various SBI Branch etc., such as Uzanbazar SBI Branch etc., but only an amount of Rs 50,000/- was received by the informant, whereas the remaining amount has been embezzled by the miscreants

¶5I have considered the submissions at the Bar with circumspection

¶6I have also scrutinized the Case Diary.

¶7I have also considered the progress of investigation. It appears that custodial detention may not be required.

¶8Considering all aspects and in view of my foregoing discussions, petition is Page No.# 3/3 allowed. The petitioner is enlarged on bail of Rs 30.000/-, with one surety of like amount to the satisfaction of the learned CJM, Kamrup (Metro), under the conditions that

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

(ii) the petitioner shall co-operate with the investigation, and

(iii) the petitioner shall not leave the jurisdiction of the Court, without prior permission

¶9On breach of any of the bail conditions, bail order shall stand cancelled

¶10Bail Application stands disposed of

¶11Send back the Case Diary

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010122952024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1773/2024 PHANINDRA KUMAR S/O LATE TORONI CH. KUMAR RESIDENT OF MALIGAON, BORIPARA, NEAR KAMAKHYA STATION, PS JALUKBARI, DIST KAMRUP (M) ASSAM, GUWAHATI VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. N MAHAJAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND