UTPAL DAS Vs. STATE OF ASSAM
LAWS(GAU)-2018-8-116
HIGH COURT OF GAUHATI
Decided on August 16,2018

UTPAL DAS Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) Heard Mr. S. Munir, learned counsel for the accused-petitioner as well as Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam. This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accusedpetitioner, namely, Sri Utpal Das, in connection with Jakhalabandha PS Case No. 76/2018 registered under Sections 366(A) of the IPC. Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court including the statement of the victim recorded under section 164 of the Code of Criminal Procedure.
(2.) In such statement, although the victim is a minor, yet she has not implicated the accused petitioner with the allegation of kidnapping. That being the position, it is a fit case for grant of bail. On the other hand, the accused petitioner is in custody since 18.07.2018 and, as such, for 29 days. That being so and considering the period of detention, the prayer for bail is granted. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the aforesaid case on furnishing bail bond of Rs. 15,000/- with a suitable surety of the like amount, to the satisfaction of learned S.J.D.M.(M), Kaliabor.
(3.) The direction for bail is further subject to the conditions that the accused-petitioner: (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Dhubri, without prior written permission from him; (b) shall not hamper with the investigation, or tamper with the evidence of the case; and (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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