Bimal Sen and Anr v. The State of Assam

ORDER Date : 12.09.2024

Heard Mr. G.Phukan, learned counsel for the petitioners as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent. By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioners, namely, 1. Bimal Sen and 2. Pranjit Bora have prayed for grant of bail in connection with Fatasil Ambari P.S. Case No.240/2024 (GR No. 5240/2024) under Sections 318 (4) of BNS r/w Section 14/15 of Assam Game and Betting Act. The allegation in the FIR relates to illegal activities of gambling. The learned counsel for the petitioners submits that petitioners are no way connected with the alleged offence. One Ajay Roy is involved with the running of gambling of 'Teer Game' as per FIR in the Fatasil Ambari area and some money along with other items were recovered from his possession. The petitioners have been in judicial custody since their arrest on 06.09.2024 and as such, considering the nature of allegation, petitioners may be enlarged on bail. The learned Addl.P.P. has made no objection against the prayer of the petitioners. Having heard the learned counsel for the parties and on perusal of the FIR, Fowarding report and the averments made in this petition, considering the matter in its entirety, this court is of the opinion that further custodial Page No.# 3/3 interrogation of the petitioners in the interest of investigation is not warranted. The prayer for bail is allowed. Accordingly, it is provided that the petitioners named above shall be released on furnishing bail bond of Rs. 20,000/-each with a surety each of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati subject to the following conditions;-

(i) The petitioners shall not leave the territorial jurisdiction of learned CJM, Kamrup (M), Guwahati without prior written permission from him/her;

(ii) That the petitioners shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010188032024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2745/2024 BIMAL SEN AND ANR S/O LATE SANTOSH SEN, RESIDENT OF HOUSE NO. 102, VIVEKANANDA PATH, LAL GANESH GUWAHATI, PS DISPUR DIST KAMRUPM ASSAM 2: PRANJIT BORA S/O LATE GOLAP BORA RESIDENT OF 4TH A.P 2ND GATE NEAR KALI MANDIR LUTUMA GUWAHATI PS DISPUR DIST KAMRUP M ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : R L CHUTIA, MR. G PHUKAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI