Jyoti Prakash Jaiswal v. The State of Assam

ORDER Date : 08-11-2023 Heard Mr. A. I. Ahmed, learned counsel for the accused. Also heard Mr. B. Page No.# 2/3 Sarma, learned Addl. P. P. for the State respondent. This application, under Section 439 Cr.P. C. is preferred by accused, Jyoti Prakash Jaiswal, who has been languishing in jail hajot since 07.10.2023, in connection with Latasil P. S. Case No. 170/2023, under Section 380 IPC, corresponding to G.R.Case No. 7039/2023, for grant of bail. The above noted case has been registered on the basis of an FIR lodged by one Rubul Ali on 19.9.2023. The essence of allegation, made in the FIR dated 19.9.2023, is that on

16.9.2023, at about 4 O'clock one person has committed theft of battery of the inverter installed in his office and then checking the C.C.T.V. footage of the office, they found that one person entered inside the campus of his office and removed the battery from the white coloured box and taken away the battery with the help of one black coloured scooty and proceeded toward Latasil Traffic point . Mr. Ahmed, learned counsel for the accused submits that the accused was arrested on 7.10.2023, and since then, he is languishing in jail hajot for last 32 days and that he is no way involved with the offence alleged in the FIR and he has the business of damaged battery and he is ready to cooperate with the investigating agency, and therefore it is contended to allow this petition. On the other hand, Mr. Sarma, learned Addl. P. P., has submitted that the stolen battery has already been recovered from the possession of the present accused and the material part of the investigation is almost over. Having heard the submission of learned Advocates of both the parties and I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Addl. P.P for the State respondent. Page No.# 3/3 It appears that the accused is behind the bar for last 32 days and the case diary indicates that stolen battery has already been recovered and seized by police, and as such, the material part of investigation appears to be almost over and his further custodial detention, in the interest of investigation, seems to be not warranted herein this case. And accordingly, this Court is inclined to allow this petition. It is provided that on furnishing a bond of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), the accused be enlarged on bail. In terms of above, this bail petition stands disposed of. Case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010238532023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) : Bail Appln./3836/2023 JYOTI PRAKASH JAISWAL S/O- SRI GHANASHYAM SHAW R/O- HOUSE NO. 1 BABA MOHAN SINGH PATH BIRUBARI GHY DIST. KAMRUP(M) ASSAM PIN- 781016. VERSUS THE STATE OF ASSAM REP. BY THE P.P. ASSAM ------------ Advocate for : A I AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN