Sun Kr Das v. The State of Assam

O R D E R

Date : 13.08.2024.

Heard Mr. R. Konwar, learned counsel for the accused/ petitioner, namely, Sun Kr. Das.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023, with prayer for bail as he is behind the bars since 15.07.2024, in connection with Dispur Police Station Case No.712/2024, under Sections 331(2)/305(a) of the Bharatiya Nyaya Sanhita, 2023.

¶3It is alleged that the petitioner is involved in theft of several valuable articles from the informant's house, during their absence, when the informant proceeded for treatment to Chennai on 06.07.2024. It is submitted on behalf of the petitioner that the petitioner is innocent.

¶4Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶5I have considered the submissions at the bar with circumspection as well as the length of detention.

¶6It appears that the investigation has progressed to some extent. I have considered the submissions on behalf of the petitioner that the petitioner is willing to cooperate with the remaining part of investigation and he is willing to abide by any stringent bail conditions, if imposed upon him.

¶7Considering all aspects, the petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand), with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (M) at Guwahati, under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged,

(ii) The petitioner shall co-operate with the remaining part of the investigation, and

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3

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

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

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010157122024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2307/2024 SUN KR DAS S/O LATE DHIRU DAS, R/O BORDONGBARI, P.S.-SATGAON, DIST- KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR, MR D PEGU, MR H ALI Advocate for the Respondent : PP, ASSAM. BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND