Allowed

Dhiraj Deka v. the State of Assam and Anr.

Gauhati HC4 Feb 2022Bail Appln./225/2022

Case brief

AI extract

What is this about?

Single judge of the Gauhati High Court allowed an application for bail under Section 439 Cr.P.C. for the petitioner, who had been in custody for 57 days in an excise case, directing his release on a bond with standard conditions regarding jurisdiction, investigation, and evidence.

What did the court decide?

Release of the accused-petitioner on bail in connection with Excise Case No. SNP/EX-24/2021 by furnishing a bond of Rs. 15,000/- with a surety of like amount.

Dhiraj Deka Vs the State of Assam and Anr. — Quashing and FIR | Gauhati HC (2022)

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GAHC010015982022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./225/2022

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DHIRAJ DEKA SON OF GAURI DEKA R/O VILL- BHALUKDONGA P.S. TIHU, DIST. BAKSA, ASSAM, PIN-781354

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM

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2:INSPECTOR OF EXCISE SONAPUR EXCISE CIRCLE KAMRUP GUWAHATI ASSAM PIN-78100

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Advocate for the Petitioner : MR. N J KHATANIAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 04-02-2022

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The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

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Heard Mr. NJ Khataniar, learned counsel for the petitioner. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondent and Mr. N Goswami, learned counsel appearing for the Excise Department/respondent No. 2.

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This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Dhiraj Deka, in connection with Excise Case No. SNP/EX-24/2021 under Sections 53(1)(a),(c),(d) &(e) and 54 of the Assam Excise Act, 2000.

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Perused the records/case diary produced before this Court by the learned counsel for the Excise Department.

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It has been submitted by the learned counsel for the petitioner that the accused-petitioner has been in custody for 57 days, as on date, w.e.f. the date of arrest and considering the punishment prescribed for commission of such offence, the petitioner may not be detained any further.

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Learned counsel for the Excise Department has submitted through the learned Additional Public Prosecutor that the investigation has not been completed yet.

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Considering such facts, particularly the length of detention of 57 days, the prayer for bail of the petitioner is allowed.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs. 15,000/- with a suitable surety of the like amount, to the satisfaction of the learned jurisdictional Chief Judicial Magistrate.

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The direction for bail is further subject to the conditions that the accusedpetitioner:

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(a) shall not leave the territorial jurisdiction of the

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learned jurisdictional Chief Judicial Magistrate, without prior written permission from him;

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(b) shall not hamper with the investigation, or

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tamper with the evidence of the case; and

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(c) 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

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The petition stands disposed of accordingly.

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The learned counsel for the Excise Department shall take back the records/case diary.

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JUDGE

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Comparing Assistant

Dhiraj Deka v. the State of Assam and Anr.

Case brief

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Dhiraj Deka v. the State of Assam and Anr.

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