Subhash Das v. The State of Assam

ORDER Date : 09-08-2024 Heard Mr. H Ali, learned counsel for the petitioner Subhash Das, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) with prayer for bail as he is behind bars since Page No.# 2/3

23.06.2024 in connection Dispur Police Station Case No. 602/2024 under Section 387 of the Indian Penal Code, 1860.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The learned Additional Public Prosecutor has submitted that Case Diary is not received as the Investigating Officer is busy with some other work.

¶4The allegation against the petitioner is that he was involved in demanding money from the informant Pankaj Bhagat posing as a member of a banned organization. Several threats were also exercised by the accused, who posed himself as a member of a banned organization and demanded money from the informant.

¶5I have considered the submissions on behalf of the petitioner that the petitioner is behind bars for 48 (Forty Eight) days. It appears that investigation may have presumably progressed to some extent. It appears that further custodial detention may not be required for the progress of investigation. The petitioner has pledged to cooperate with the remaining part of the investigation.

¶6Considering all aspects, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall not exercise threats to the witnesses and tamper the evidence.

(iii) The petitioner shall cooperate with the investigation. Page No.# 3/3

(iv) The petitioner shall not leave the jurisdiction of the jurisdictional Court without prior permission.

¶7On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶8In terms of the above observations, this Bail Application stands disposed of.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010144322024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2086/2024 SUBHASH DAS S/O MOHAN DAS R/O BARNIBARI PHE MEDICAL P.S.-MUKALMUA DIST- NALBARI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. U K BARMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND