Dhanti Das v. The State of Assam

ORDER Date : 22.10.2024

Heard Mr. P.M. Deka, learned counsel appearing for the petitioner as well as Mr. Bankim Sarma, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 483 of the BNSS, 2023 praying for releasing the petitioner, Dhanti Das on bail, after he was arrested in connection with Bihpuria P.S. Case No. 161/2024.

¶3The petitioner, aged about 55 years, runs a NGO for helping physically disabled persons under the jurisdiction of the District Social Welfare Officer, North Lakhimpur. The District Social Page No.# 2/2 Welfare Officer came to know that an inmate girl of the NGO had delivered a baby and the present petitioner being the Secretary of the said NGO did not inform him. Therefore, the District Social Welfare Officer lodged the FIR before police alleging that the present petitioner might be involved in the pregnancy of the disabled girl.

¶4The case diary reveals that police arrested another person by the name of Momin Gayan and he has confessed before police that he had physical relationship with the disabled girl. As a result of which, the baby was born. CD further reveals that police has already collected blood samples of the present petitioner alongwith the said man.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6This Court is of the opinion that the petitioner no longer deserves to be detained in custody.

¶7Therefore, the bail application of the petitioner is allowed.

¶8It is hereby directed that the petitioner, Dhanti Das shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur.

¶9The bail application stands disposed of accordingly. The CD shall be returned.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010216902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3154/2024 DHANTI DAS W/O LT. UMARAM DAS, R/O VILL- DURPANG, P.S.-BIHPURIA, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR K THAKUR, MS. P. NAIDING,MR D MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA