Jowel Das vs State Of Assam

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

This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Jowel Das, in connection with Silchar P.S.

Case No. 1311/2021 registered under Sections 420/406 of the IPC.

The petitioner is represented by Mr. HRA Choudhury learned senior counsel assisted by Mrs. R Rongmei, learned counsel.

The State respondent is represented by Mr. BB Gogoi, learned Additional Public Prosecutor.

The accused-petitioner has been in custody for 51 (fifty one) days, as on date.

Mr. Gogoi, learned Additional Public Prosecutor has submitted that the case diary called for has not been received.

I have perused the materials available before this Court, as of now.

On perusal of the materials as appearing from the FIR as well as from the petition and also considering the nature of the offences and the period of

detention of the accused-petitioner for 51 (fifty one) days, as on date, this Court is inclined to grant bail to the petitioner.

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 learned Chief Judicial Magistrate, Cachar, Silchar.

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, Cachar, Silchar, 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.

The petition stands disposed of accordingly.