Jitu Das v. The State of Assam

ORDER Date : 17.07.2024

Heard Mr. H.Das, learned counsel for the petitioner as well as Mr. B.Sharma, learned Addl. P.P., Assam for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Jitu Das has prayed for grant of bail in connection with Dhemaji P.S. Case No.30/2024 under Sections 420/468/506 of the IPC r/w Section 67 of I.T.Act and G.R.Case No. 70/2024. Case diary is received. The learned counsel for the petitioner submits that the petitioner has been in judicial custody Page No.# 2/2 for last 30 days. Earlier the petitioner had love relationship with the victim but subsequently, the victim got married with another person. As per FIR, the allegation against the petitioner is that he uploaded some messages in Facebook in the name of the victim and tried to blackmail her. The learned Addl.P.P. has produced the case diary and admitted that petitioner had used some unparliamentary words in social media in the name of the victim and tried to blackmail her. Having heard the learned counsel for the parties and on perusal of the case diary and the averments made in this petition, as well as considering length of detention, this Court is of the considered opinion that further detention of the petitioner in the interest of investigation is not warranted. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 40,000/- with one surety of like amount to the satisfaction of the learned CJM, Dhemaji subject to the following conditions;-

(i) The petitioner shall not leave the territorial jurisdiction of learned CJM, Dhemaji without prior written permission from him/her;

(ii) That the petitioner shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010134942024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1961/2024 JITU DAS S/O- BHABEN DAS, R/O- VILLAGE- PACHANIA PT.-II, P.O. PACHANIA, P.S. JOGIGHOPA, DISTRICT- BONGAIGAON, ASSAM, PIN- 783382 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI