Biswajit Sarkar v. The State of Assam

Order

08.09.2023

¶1This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Biswajit Sarkar, who was arrested on

28.07.2023 in connection with Dispur P.S. Case No. 1458/2023 being registered under Section 306 of IPC.

¶2Heard Mr. N. N. Jha, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam who produced the Case Diary.

¶3The petitioner was arrested on 28.07.2023 and he is behind bar for last 42 days.

¶4Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Investigation is almost over and statement of accused has thoroughly been interrogated by the investigating agency. There is no legal evidence against the present petitioner to connect him with the alleged offence. The learned Counsel further submits that the petitioner is in custody since 28.07.2023 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the petitioner on bail. Page No.# 3/4

¶5Learned Additional Public prosecutor for the State has seriously opposed the application and prayed for its rejection.

¶6Looking to the facts and circumstances of the case and on a perusal of the material available on record including the case diary and also the advance stage of investigation and period of detention, without commenting on the merits of the case, this Court is of the opinion that no further custodial interrogation/detention is required. Accordingly, the present application is allowed.

¶7It is directed that the petitioner, name above, be released on bail in connection with the case aforementioned, on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, with the following conditions:-

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, without prior written permission from him;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) 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 Court or to any police office. In terms of the above, this bail application stands disposed of. Page No.# 4/4 Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010188562023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2987/2023 BISWAJIT SARKAR S/O SRI SUKUMAR SARKAR R/O RODALI PATH ODALBAKRA, GUWAHATI P.S. DISPUR DIST. KAMRUP (M), ASSAM PIN-781034 (REP. BY PRADANYA BISWAS AGED ABOUT 40 YEARS S/O HARENDRA BISWAS R/O ODALBAKRA, LALGANESH, GUWAHATI, P.S. DISPUR DIST. KAMRUP (M), ASSAM PIN-781034) VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N N JHA Advocate for the Respondent : PP, ASSAM Page No.# 2/4 BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY