Dipankar Deka @ Rajdeep Deka, v. The State of Assam

ORDER Date : 25-11-2024 Heard Mr. K.K. Handique, learned counsel for the petitioner Dipankar Deka @ Rajdeep Deka, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

01.11.2024 in connection with Dispur Police Station Case No. 1188/2024 under Sections 115(2)/126(2)/308(2)/308(5)/319(2) of Bharatiya Nyaya Sanhita, 2023. Page No.# 2/3

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

¶3The allegation against the petitioner is that he along with his companions, have been extorting money by posing as police and by brandishing a gun.

¶3It is submitted on behalf of the petitioner that according to the forwarding report there is no seizure of any gun from the possession of the petitioner. It is further submitted that the informant was not present at the place of occurrence. Further, it is submitted that the petitioner has been behind bars for a considerable period of time and further custodial detention may not be required for the progress of investigation.

¶4Learned Additional Public Prosecutor has raised serious objection stating that this is a serious offence of extortion of money from the truck drivers and the petitioner is not entitled to bail.

¶5I have considered the submissions at the bar. I have considered the submission that further custodial detention may not be required as investigation has progressed substantially. I have also considered the submissions that the petitioner is a local resident and he is not a flight risk. The petitioner is willing to abide by any stringent bail conditions if imposed upon him.

¶6Considering all aspects, petition is allowed.

¶7The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that :

(i) the petitioner shall refrain from such activities with which he is alleged, Page No.# 3/3

(ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation,

(iii) the petitioner shall not tamper with the evidence,

(iv) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶8On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶9In terms of the above observation, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010245642024 2024:GAU-AS:11554 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3563/2024 DIPANKAR DEKA @ RAJDEEP DEKA, S/O SRI BAIKUNTHA DEKA, R/O- Q/ NO. 13, AGRICULTURE CAMPUS, SIXMILE, P.S. DISPUR, DISTRICT KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K K HANDIQUE, MS M BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND