On a bail application filed under Section 439 Cr.P.C. for a charge worth Rs. 7 lakhs, the court held that custodial interrogation was not needed and enlarged the accused on bail upon furnishing security.
Bail granted on sentencing of Rs. 20,000/-. Accused directed not to leave jurisdiction, tamper with evidence, or induce witnesses.
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GAHC010252952019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 3167/2019
1:DIGVIJAY ROY
S/O- LATE MANIK KUMAR ROY, R/O- FLAT NO. 201, SIDHI VINAYAK APARTMENT, NEAR BIG BAZAR, P.O- K G ASHRAM, P.S- SHARIDHERA, DIST- DHANBAD, JHARKHAND, PERMANENT ADDRESS B2703, GOLD SUMMIT SALARPURIA, SATTVA, P.S- KOTHANPUR, BENGALURU POLICE COMMISSIONERATE
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S H SIKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 10-10-2019
Heard Mr. S.H. Sikdar, learned counsel for the petitioner. Also heard Mr. H. Sarma, learned Addl. Public Prosecutor for the State.
By this application under Section 439 Cr.P.C., the petitioner, namely, Digvijay Roy, is seeking bail in connection with Hatigaon P.S. Case No. 834/2018, registered under Section 120-B/420/34 IPC.
In view of the projection made by the learned counsel for the petitioner (Annexure 5)
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wherein it is reflected that a sum of Rs.7,00,017.70 has been transferred to the account of the first informant, this Court is of the view that further custodial interrogation of the petitioner may not be required.
Accordingly, the accused-petitioner, named above, enlarged on bail in connection with Hatigaon P.S. Case No. 834/2018, on furnishing bail bond of Rs.20,000/- with a suitable surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M) on the following condition:
(i) The accused-petitioner shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati without prior information to the Investigating Officer of the case,
(ii) The accused-petitioner shall not hamper with the investigation, or tamper with the evidence of the case, and
(iii) 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 court or to any Police Officer.
In terms of the above, this bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant bail to the accused in a case under Sections 120-B, 420, 34 IPC.
1 provisions across 1 enactments
Digvijay Roy
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
