Page No.# 1/3
GAHC010043282024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./569/2024
KHARGESWAR DAS
S/O LATE BIDYA CHANDRA DAS
R/O NEAR AAONIATI SATRA,
NORTH GUWAHATI MAJ GAON,
HOUSE NO. 442, P.S. NORTH GUWAHATI, DIST. KAMRUP (RURAL), ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 29-02-2024
Heard Mr. B. Mahajan, learned counsel for the petitioner. Also heard Mr. D.
Das, learned Additional Public Prosecutor for the State respondent.
2. This is a second application under Section 439 of the Code of Criminal
Procedure, 1973 (CrPC, in short) for granting bail to the accused petitioner i.e.
Page No.# 2/3
Khargeswar Das, who was shown arrested on 18.12.2023 in connection with
Gorchuk Police Station Case No. 324/2023 registered under Sections
120(B)/467/468/447/427/379 of the Indian Penal Code, 1860 (IPC, in short).
3. The case of the prosecution is that the land of the informant was mutated
in the name of one Manik Das fraudulently without there being any entry in the
Index Box in the office of the Sale Register.
4. The earlier bail application on behalf of the petitioner was rejected by this
Court on 30.01.2024, inter alia, on the ground that the investigation was at an
active stage.
5. Mr. B. Mahajan, learned counsel for the petitioner submits that the
petitioner was shown arrested on 18.12.2023 and has been languishing in jail
since last 74 (Seventy Four) days in connection with this case.
6. Mr. D. Das, learned Additional Public Prosecutor on the other hand
strongly opposes the prayer for bail. He submits that the petitioner was last
interrogated when he was in police custody and that he was transferred from
police custody to judicial custody on 20.12.2023. He further submits that
thereafter he has not been interrogated.
7. I have considered the submissions made at the bar and have perused the
materials available on record.
8. It appears that the petitioner was last interrogated during police custody
and thereafter, since 20.12.2023 he has not been further interrogated.
9. Considering the totality of the matter and that he has not been
interrogated further and also the length of detention, this Court is inclined to
grant bail to the petitioner.
Page No.# 3/3
10. Accordingly, it is provided that the accused petitioner named above shall
be released on bail in connection with the above-noted case with a bail bond of
Rs. 60,000/-(Rupees Sixty Thousand) only with one surety of the like amount to
the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati
subject to the following conditions:-
i) The accused petitioner shall cooperate with the Investigating Officer as
and when required;
ii) The accused petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Police Officer or the
Court; and
iii) The accused petitioner shall refrain from such activities with which he is
alleged, failing which, the bail order shall stand cancelled.
11. The bail application stands disposed of
JUDGE
Comparing Assistant