Sri Gobinda Dey and 2 Ors v. The State of Assam

ORDER Date : 26-09-2024 Heard Mr. S. Borthakur, learned counsel for the petitioners, 1. Sri Gobinda Dey, 2. Sri Bimal Dey and 3. Sri Narayan Dey, who have filed this application under Section 482 of the Bharaitiya Nagarik Suraksha Sanhita,2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Jalukbari Police Station Case No. 440/2024 under Sections 14/15/17 Games and Batting Act (Assam), 1970.

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

¶3The allegations against the petitioners are that they are involved in illegal teer i.e. illegal betting.

¶4It is submitted on behalf of the petitioners that the main accused Ujjal Das has already been arrested in connection with this case. It is also submitted that Sri Narayan Dey and Gobinda Dey are sons of Sri Bimal Dey.

¶5Learned Additional Public Prosecutor has raised serious objection and has stated that articles for gambling were found in Bimal Dey's house and there are prima facie incriminating materials against the petitioners in the FIR as well as in the case diary.

¶6I have scrutinized the case diary. Page No.# 3/3

¶7The petitioner Sri Bimal Dey is 72 years old. I have considered the submission that Sri Narayan Dey resides in another premise and does not reside with the petitioners No. 1 and 2.

¶8Considering all aspect, it appears that pre-arrest bail may be granted to the petitioners.

¶9In the event of arrest of the petitioners named above they shall be enlarged on bail on furnishing a bail bond of Rs.30,000/-each (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:-

(i) the petitioners shall appear before the Investigating Officer within one week from today and cooperate with the investigation,

(iii) the petitioners shall not exercise threats to the witnesses or tamper with the evidence and,

(iv) the petitioners shall not leave the jurisdiction of the Court without prior permission.

¶10On breach of any of the bail conditions, pre-arrest bail order shall automatically stand cancelled.

¶11Send back the case diary.

¶12Anticipatory bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010188372024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2433/2024 SRI GOBINDA DEY AND 2 ORS S/O SRI BIMAL DEY R/O PANDU CABIN P.S. JALUKBARI, GUWAHATI-781012, DIST. KAMRUP (M), ASSAM 2: SRI BIMAL DEY S/O LATE SATISH DEY R/O PANDU CABIN P.S. JALUKBARI GUWAHATI-781012 DIST. KAMRUP (M) ASSAM 3: SRI NARAYAN DEY S/O SRI BIMAL DEY R/O PANDU CABIN P.S. JALUKBARI GUWAHATI-781012 DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D R SAIKIA, PARTHA PRATIM SAIKIA,MR S BORTHAKUR Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND