Robin Das v. The State of Assam

ORDER

03.09.2024

¶1Heard Mr. S. M. Abdullah P, learned counsel for the petitioner Robin Das.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

22.08.2024 in connection with Kaliabor P.S. Case No. 75/2024 under Sections Page No.# 2/2 127(2)/115(2)/3(5) of the BNS read with Juvenile Justice Act.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that the informant's son who is only 11 years old has committed theft of money from the handbag of one, Nandini Das, the wife of the petitioner. It is alleged that the petitioner and his wife forcefully took the 11 year old juvenile to the Police station. The juvenile was assaulted by the police personnel in the Police station. This impelled the juvenile's father to lodge this FIR. It is submitted on behalf of the petitioner that his wife is in advanced stage of pregnancy. Apart from the allegation that the petitioner and his wife had taken the juvenile to the Police station, there is no other allegation against the petitioner.

¶5I have considered the submissions at the Bar with circumspection. It appears that further custodial detention may not be required for the progress of investigation.

¶6The petitioner shall be 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 SDJM, Kaliabor, Nagaon.

¶7In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010178172024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2617/2024 ROBIN DAS S/O FULCHAND DAS, R/O HATIBANDHA, P.S.-ULUANI, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND