Sri Gyanam Das v. The State of Assam

ORDER

31.07.2024 Heard Mr D R Saikia, learned counsel for the petitioners, 1) Sri Gyanam Das and 2) Page No.# 2/3 Sri Jenith Dey, who have filed this application under Section 482 of the BNSS, 2023, with prayer for bail, as they are apprehending their arrest in connection with Noonmati PS Case No. 152/2024, under Sections 305(b) of the BNS Act, 2023

¶2Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶3The FIR unfolds that several parts of the motorcycle of the informant were stolen from the Verandah of the Last Gate, Sundari Hotel, on the night of 29.07.2024. The Registration number of the motorcycle was AS-01-DT-4273 and the oil tank, battery, front wheel and the seat of the motorcycle was detached and stolen by some miscreants.

¶4The learned Additional Public Prosecutor has raised serious objection stating that the petitioners are not entitled to bail in a theft case and there are incriminating materials in the Case Diary against the petitioners.

¶5I have considered the submissions on behalf of the petitioners.

¶6It is submitted on behalf of the petitioners that the petitioners are willing to cooperate with the remaining part of the investigation.

¶7It is also submitted on behalf of the petitioners that the petitioners are young lads and they are students. It is submitted that if they are forwarded to custody on suspicion, their image will be tarnished and they will suffer immensely, as it will affect their career in future. Page No.# 3/3

¶8I have considered the submissions on behalf of the petitioners that they are willing to abide by any stringent bail conditions, if imposed upon them.

¶9I have also scrutinized the Case Diary.

¶10Investigation has progressed to a considerable extent. It appears that custodial interrogation may not be required.

¶11Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 30,000/-each with one suitable surety each of the like amount to the satisfaction of the arresting authority, under the conditions that:-

i) the petitioners shall refrain from such activities with which they are alleged,

ii) the petitioners shall appear before the IO within one week from today and they shall cooperate with the investigation, and

iii) the petitioners shall not leave the jurisdiction of the Court, without prior permission.

¶12On breach of any of the bail conditions, the bail order shall automatically stand cancelled.

¶13Bail Application stands disposed of.

¶14Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010147132024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1913/2024 SRI GYANAM DAS S/O SRI NAPUR DAS, RESIDENT OF UZAN BAZAR, JAHAJGHAT, PS LATASIL, GUWAHATI 781001, GUWAHATI KAMRUP M ASSAM 2: SRI JENITH DEY S/O SRI BISHWAJIT DEY RESIDENT OF UZAN BAZAR H.C ROAD PS LATASIL GUWAHATI 781001 DIST KAMRUP M ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR D R SAIKIA, MR. P P SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND