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2020 DIGILAW 442 (GAU)

Babul Ray v. State Of Assam

2020-04-07

AJAI LAMBA

body2020
JUDGMENT 1. Sri Babul Ray and Sri Santosh Kumar have filed this application for bail under Section 439 of the Code of Criminal Procedure, 1973 in Bhangagarh P.S. Case No.126/2020 under Section 120(B)/420/406/411/379 of the Indian Penal Code. 2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge. 3. I have heard Mr. G.N. Sahewalla, learned senior counsel for the applicants and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam for the respondent. 4. The accusation in the FIR is to the effect that the applicants indulged in theft of diesel. 5. Learned counsel for the applicants contends that the applicants are respectable persons and have been serving on respectable posts. The applicants have been falsely implicated. 6. I have taken into account the fact that on one side the prosecution invoked Section 420 I.P.C., whereas on the other side Section 379 I.P.C. has been invoked. 7. Considering the peculiar facts and circumstances of the case, the application is allowed. 8. It is hereby directed that the applicants be released on bail on their furnishing two local sureties and heavy sureties to the satisfaction of the Chief Judicial Magistrate, Kamrup (Metro) at Guwahati. 9. It is further directed that in case the applicants approach any witness or delay the trial, the prosecution would be at liberty to seek cancellation of bail of the applicants. The applicants shall not leave the territorial jurisdiction of Kamrup (Metro). 10. Let a copy of this order be provided under the signature of the Court Master.