Pranjit Talukdar and 3 Ors v. The State of Assam

ORDER

04.10.2024

Heard Mr. S. Munir, learned counsel appearing for the accused petitioners as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioners, namely, (1) Pranjit Talukdar (2) Himangshu Das (3) Sankar Talukdar and (4) Jintu Patowary, have prayed for grant of bail in connection with Dispur P.S. Case No.987/2024 under Sections 109/117(2) / 126(2)/3(5)/351(3) of BNS r/w 25(1)(a)/27 of Arms Act. It is submitted by the learned counsel for the petitioners that the petitioners were driving a Swift Dzire car bearing registration No. AS-01-EQ-9254 and they are the recovery agent of the Thar car and due to nonpayment of the installment of the vehicle, quarrel took place between them and accordingly all the persons were arrested. It is further submitted that accused petitioners have been languishing in judicial custody for last 21 days since their arrest on 13.09.2024. In view of above and considering the facts in its entirety, they may be enlarged on bail. Mr. Sarma, learned Additional Public Prosecutor has produced the case diary and submitted that the informant did not specifically mention the names of the persons who are involved in the incident. Accused Aditya Boruah is the license holder of the seized weapon. Page No.# 3/3 I have heard the learned counsel for both the parties and also perused the case diary. The FIR does not disclose the names of any person involved in this case. One car (Mahindra Thar) was seized in connection with this case and co-accused, Aditya Sarma Boruah is the owner of the said car. Investigation is still in progress. However, till date no Test Identification Parade was conducted to identify the real miscreants involved in the case. In view of the above, the petitioners, named above, shall be released on bail, on furnishing bail bond of Rs.50,000/- each with two suitable sureties each of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kamrup(M). The direction for bail is further subject to the conditions that the petitioners:

(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup(M) without prior written permission from him/her;

(b) shall not hamper with the investigation, or 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 them from disclosing such facts to the Court or to any police officer.

(d) shall appear before the Investigating Police Officer once in a week for six weeks after their release on bail as and when called upon by the Investigating Police office till the investigation of the case is completed. In terms of the above, this bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010196652024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2859/2024o PRANJIToTALUKDARoANDo3oORS.o S/OoBHAIRABoTALUKDARo R/OoLAKHOPURo P.S.oBELSORo DIST.oNALBARI,oASSAM 2:oHIMANGSHUoDAS oS/OoGOPALoDASo R/OoLAKHOPURo P.S.oBELSORo DIST.NALBARI oASSAM 3:oSANKARoTALUKDAR oS/OoLATEoKHAGENoTALUKDARo R/OoHOUSEoNO.o2 oKHARGHULIo NEARoL.P.oSCHOOL oP.S.oLATASILo DIST.oKAMRUPo(M) oASSAM 4:oJINTUoPATOWARY oS/OoBHAIRABoPATOWARYo R/OoHOUSEoNO.o4 oKHARGHULIo NEARoL.P.oSCHOOL o P.S.oLATASILo DIST.oKAMRUPo(M) oASSAo VERSUSo Page No.# 2/3 THE STATE OF ASSAM REP BY PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI