Amal Kumar v. The State of Assam

ORDER

03.10.2024 Heard Mr S Munir, learned counsel for the petitioner, Amal Kumar, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail as he is behind bars since 11.09.2024, in connection with Jalukbari PS Case No. 454/2024, registered under Sections 120(B)/417/420/468 of the Indian Penal Code, 1860. Page No.# 2/3

¶2Heard Mr D Das, learned Additional Public Prosecutor for the State of Assam.

¶3The allegation against the petitioner is that a sale agreement was executed on

21.03.2013 and a total sum of Rs. 7 lacs was paid by the informant in various installments to the petitioner, as consideration of land measuring 2 kathas 10 lechas, pertaining ot Dag No. 39 (0) 10 (N) of KP Patta No. 2 (0) 7 (N), for a total consideration of Rs. 10 lacs.

¶4It is submitted that till date, i.e., till 28.06.2024, the petitioner has not handed over the land to the informant.

¶5The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶6Learned counsel for the petitioner has submitted that this is a civil matter and the execution is still in subsistence, which may be decided between the parties.

¶7It is submitted that the petitioner is willing to return back the money, but on the other hand, the informant is demanding the valuation in today's date.

¶8I have scrutinized the Case Diary.

¶9Investigation has progressed to a considerable extent.

¶10It appears that further custodial detention may not be required for further progress of investigation.

¶11Accordingly, the petitioner is enlarged on bail of Rs. 30,000/- (Rupees Thirty Thousand Only), with a suitable surety of the like amount to the satisfaction of learned CJM, Kamrup (Metro), under the condition that the petitioner shall cooperate with the Page No.# 3/3 remaining part of investigation, failing which, bail order shall automatically stand cancelled.

¶8Bail Application stands disposed of.

¶9Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010192642024 2024:GAU-AS:10061 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2819/2024 AMAL KUMAR S/O LATE DAMBARU DHAR KUMAR R/O BORIPARA MALIGAON P.S. JALUKBARI DIST.KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND