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2025 DAILYLAW 6446 (GAU)

DHANANJOY DEBNATH AND ANR v. THE STATE OF ASSAM

Bail Appln./238/2025 · 2025-02-04

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010016632025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./238/2025 DHANANJOY DEBNATH AND ANR S/O- LATE RAMESHWAR DEBNATH, R/O- VILL. BANDARCHARA, P.S. AND DIST.- KOKRAJHAR, BTAD, ASSAM 2: SOY BAHADUR SHARMA S/O- LT ANTORI SHARMA R/O- VILL- SILKATARY PART I P.S.- AND DIST KOKRAJHAR BTAD ASSA VERSUS THE STATE OF ASSAM REP, BY THE PP, ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 05.02.2025 Heard Ms. L. Sarkar, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor. By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioners, Page No.# 2/3 namely, Dhananjoy Debnath and Soy Bahadur Sharma, have prayed for grant of bail in connection with Kokrajhar P.S. Case No.299/2024 under Section 14 of Game and Betting Act (Assam), 2023. It is submitted by the learned counsel for the petitioners that the accused petitioners have been languishing in judicial custody for last 47 days since their arrest on 20.12.2024 who have been arrested while selling teer tickets and the betting items has already been recovered from their possession. Considering the length of detention, prayer for bail may be considered. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has submitted that length of detention may be considered. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioners is not necessary in the interest of investigation of the case. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.20,000/- (Rupees Twenty Thousand) each with one suitable surety each of like amount to the satisfaction of learned Chief Judicial Magaistrate, Kokrajhar. The direction for bail is further subject to the conditions that the accused- petitioners: (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magaistrate, Kokrajhar without prior written permission from him/her. (b) shall not hamper with the investigation and tamper with the evidence of the case; (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 them from Page No.# 3/3 disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant