Arup Das v. The State of Assam

ORDER Date : 13.09.2024 Heard Mr. T.J. Mahanta, learned senior counsel, assisted by Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned APP appearing for the State.

¶2The petitioner, Arup Das, who was arrested on 25.06.2024 and has spent 80 days in custody, is seeking regular bail under section 483 of BNSS, Page No.# 2/2 2023 in connection with Dispur P.S. Case No. 645/2024, under section 302/34 IPC, corresponding to G.R. Case No. 3704/2024.

¶3The learned APP has produced the case diary and has opposed the prayer for bail on the ground that the petitioner is involved in the murder of the husband of the co-accused.

¶4On a perusal of the case diary, it appears that there are sufficient incriminating materials showing involvement of the petitioner in the murder of one Ditumoni Haloi along with co-accused. The investigating officer suspects that there was some illicit relationship between the petitioner and the co-accused, who is the wife of the deceased, which came to the notice of the deceased, upon which he was assaulted. The two minor children of the deceased were eye witnesses of the commission of offence.

¶5In view of the nature of disclosure made in the case diary, the Court does not find this to be a fit case to release the petitioner, namely, Arup Das at this stage.

¶6Case diary is returned.

¶7Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010159002024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2341/2024 ARUP DAS S/O LATE NAREN DAS, R/O VILL- JALKHANA, TIHU, P.O.-JALKHANA, P.S.- TIHU, DIST- NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T J MAHANTA, MR. R SARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA