Allowed

Dip Jyoti Das v. the State of Assam

Gauhati HC8 Aug 2024Bail Appln./1807/2024

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the petitioner, who was detained since June 9, 2024, in a case involving alleged misappropriation of money offences under Sections 406, 420, 468, and 471 of the IPC. The court considered the petitioner's willingness to repay and the elapsed statutory detention period before allowing the plea.

What did the court decide?

Petitioner enlarged on bail on furnishing a bond of Rs. 50,000 with a suitable surety under specific conditions.

Dip Jyoti Das Vs the State of Assam — Bail and Remand | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010125082024

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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./1807/2024

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DIP JYOTI DAS S/O PADMA RAM DAS R/O VILL- SANPARA P.O. JHARUBARI, P.S. PALASHBARI DIST. KAMRUP (RURAL), ASSAM PIN-781122

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VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR S C DAS, D R BONGSHIARY,MR. C. SHIL,P BURAGOHAIN Advocate for the Respondent : PP, ASSAM, MR A J GHOSH,MR. A R SHOME

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 09-08-2024

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Heard Mr. S.C. Das, learned counsel for the petitioner Sri Dip Jyoti Das, who has filed this application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for bail as he is behind bars since

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Page No.# 2/3

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09.06.2024 in connection Noonmati Police Station Case No. 64/2024 under Section 406/420/468/471 of the Indian Penal Code, 1860 (IPC for short).

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Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State. Heard Mr. A.R. Some, who is present on behalf of the informant.

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The allegation against the petitioner is that he has induced the victim to part with more than Rs.1 Crore. It is submitted on behalf of the petitioner that there is a dispute relating to some amount of money misappropriated by the petitioner.

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It is also further submitted on behalf of the petitioner that he is willing to repay the money after a discussion with the informant.

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I have also considered the submission that the statutory period as under Section 167(2) of the CrPC has elapsed.

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Considering all aspects and considering the length of detention, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that:

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

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(ii) The petitioner shall not exercise threats to the witnesses and tamper the evidence.

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(iii) The petitioner shall cooperate with the investigation.

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(iv) The petitioner shall not leave the jurisdiction of the jurisdictional Court without prior permission.

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Page No.# 3/3

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On breach of any of the bail conditions, bail order shall stand automatically cancelled.

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

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Send back the Case Diary.

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JUDGE

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Comparing Assistant

Dip Jyoti Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

Dip Jyoti Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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