Allowed

Akash Das v. the State of Assam

Gauhati HC18 May 2022Bail Appln./862/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the accused petitioner in a robbery case involving assault and theft. Having considered the prima facie case, the length of 85 days of detention, and the fact that other co-accused were on bail, the court deemed further detention unnecessary.

What did the court decide?

The accused petitioner was released on bail of Rs. 50,000/- with one surety of the same amount.

Akash Das Vs the State of Assam — Gauhati HC (2022) — LawSathi Research

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Page No.# 1/3

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GAHC010075032022

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./862/2022

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AKASH DAS S/O LT. PRADIP KR. DAS R/O LAKSHMISAHAR, KALIBARI ROAD, HAILAKANDI TOWN, WARD NO. 14, P.O., P.S. AND DIST. HAILAKANDI, ASSAM

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A M BARBHUIYA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 18.05.2022

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Heard Mr. A. M. Barbhuiya, learned counsel appearing for the accused petitioner as well as Ms. S. H. Borah, learned Addl. P.P., Assam appearing for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Akash Das , has prayed for grant of bail in connection with Lala P.S. Case No. 737/2021 under Sections 394/395 of the IPC corresponding to G.R. Case No.

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2968/2021.

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It is noticed that the accused petitioner has been in judicial custody since 23.02.2022, i.e. for 85 days.

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The F.I.R. reveals the allegation that on 10.11.2021 at about 9.15 PM, while the informant along with his co-driver was driving one truck bearing registration No. AS11-DC-8066 loaded with raw betel nuts towards Aizwal from Bangha via Lala bazaar in Karimganj and when they reached Kunkun basti area under Lala P.S., a group of 10/15 miscreants came and blocked the informant’s truck and got into their truck cabin and assaulting them took away Rs. 3,00,000/- from the tool box.

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On perusal of the FIR and the documents annexed therewith it reveals that there is clear prima facie incriminating evidence against the accused petitioner. However, having considered the nature of the incriminating evidence and length of detention (85 days) and further, as other co-accused persons are already enlarged on bail under Section 439 Cr.P.C., this Court is of the view that further continuation of detention of the accused petitioner in the interest of investigation is not warranted.

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Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned C.J.M., Hailakandi subject to the following conditions-

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(i) That the accused/petitioner shall cooperate with the Investigating Officer as and when required.

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(ii) That 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

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(iii) That the accused/petitioner shall refrain from committing any similar offences in future of which he is suspected of commission.

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This disposes of the bail application.

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JUDGE

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Comparing Assistant

Akash Das v. the State of Assam

Case brief

What is this about?

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Akash Das v. the State of Assam

Case brief

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