Ashish Saha v. State of Assam

ORDER

22.07.2024

¶1Heard learned counsel Mr. B. Haldar for the petitioner Ashish Saha.

¶2This application has been filed by the petitioner under Section 483 of the BNSS with prayer for bail as he is behind bars since 09.07.2024 in connection with Abhayapuri P.S. Case No. 168/2024 under Sections 417/493/315 of the IPC. Page No.# 2/3

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The learned Additional Public Prosecutor has raised objections.

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

¶6It is admitted by the learned counsel for the petitioner that the petitioner had a relationship with the informant but a false case has been slammed against the petitioner with allegations of cheating. The petitioner was a consenting party and the petitioner has not committed any offence under Section 315 of the IPC.

¶7I have also considered the submission that the petitioner has pledged to co-operate with the remaining part of the investigation.

¶8It appears that further custodial detention may not be required for progress of the investigation.

¶9The petitioner is a local resident and is not a flight risk.

¶10Considering all aspects and in view of my foregoing discussions, Petition is allowed. The petitioner is enlarged on bail of Rs 50,000/- (Rupees fifty thousand), with a suitable surety of like amount to the satisfaction of the learned SDJM, (M), North Salmara, Abhyapuri under the condition that:

(i) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶11On breach of any of the bail conditions, bail order shall stand automatically cancelled.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010141712024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2085/2024 ASHISH SAHA S/O ANANTA KR. SAHA, R/O VILL- JHARPARA PT-II, P.S.-ABHAYAPURI, DIST- BONGAIGAON (ASSAM) VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B HALDAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND