Shanku Dutta and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010250172023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3745/2023o SHANKUoDUTTAoANDoANRo SONoOFoSAMARoCHANDRAoDUTTA,oRESIDENToOFoHOUSEoNO.o2,o JYOTIKUCHIoPATH,oSANDIPoKALITAoPATH,oP.S.oFATASILoAMBARI,o SAWKUCHI,oGUWAHATIo-o781040,oDISTRICT-oKAMRUPo(METRO),oASSAM 2:oTHADIoKAMESWARoRAO oSONoOFoLATEoT.oPAIDRAJoRAO oRESIDENToOFoRLY.oQTR.oNO.oDS/66/G oRESToCAMP oNEARoRAMoMANDIR oPANDU oP.S-oJALUKBARI oGUWAHATI-o781012 oDISTRICT-oKAMRUPo(METRO) oASSAMo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM. AdvocateoforotheoPetitionerooooo:oMR.oDoBORAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo Dateo:oo20-03-2024 Page No.# 2/3

¶1Heard Mr. D. Bora, learned counsel for the petitioners.

¶2The petitioners, namely, [1] Shanku Dutta and [2] Thadi Kameswar Rao have filed this application u/s 438 Cr.PC with prayer of pre-arrest bail as they are apprehending arrest in connection with Gorchuk P.S. Case No. 295/2023 registered u/s 120(B)/379/468/409 of IPC r/w Section 7 of the Essential Commodities Act, 1955.

¶3Heard Mr. R.R. Kaushik, learned Addl. PP, Assam.

¶4The allegation against the petitioners is relating to pilferage of petrol from the IOC Terminal at Betkuchi under Gorchuk P.S. The petitioners were granted interim protection. The petitioners have appeared before the IO and they have co-operated with the investigation and their statements have been recorded.

¶5I have perused the Case Diary. It appears that further custodial interrogation may not be required as the petitioners have already appeared before the IO and their statements have been recorded. The petitioners are local residents and they have pledged to co-operate with the remaining part of investigation.

¶6Considering all aspects the interim order dated 07.11.2023 is hereby made absolute and the petitioners are granted anticipatory bail in connection with Gorchuk P.S. Case No. 295/2023. In the event of their arrest they shall be enlarged on bail of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority, under the conditions that:- i. The petitioners shall refrain from such activities with which they are alleged; and Page No.# 3/3 ii. the petitioners shall appear before the I.O. after every 15 days till completion of investigation, failing which bail order shall stand cancelled. Send back the Case Diary.

JUDGE Comparing Assistant