DEBISON TERANG v. THE STATE OF ASSAM

DEBISON TERANG S/O SRI JAYSING TERANG R/O VILL- RONGCHINDON P.S. HAMREN DIST. WEST KARBI ANGLONG, ASSAM ALTERNATIVE ADDRESS- VILL- SATGAON NATUN GHILANI P.S. BAITHALANGSO DIST. WEST KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. U K BARMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

11.08.2023 ORDER Heard Mr. H. Ali, learned counsel for the accused petitioner. Also heard Mr. Page No.# 2/3 B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused petitioner, namely Debison Terang has prayed for grant of bail in connection with Hamren P.S. Case No.17/2023 under Sections 447/379/120B of the IPC read with Section 21(4) of the Mines and Minerals (Development and Regulation) Act,

#1957. The case diary, as called for, is placed before the Court. The case relates to recovery and seizure of 5 nos. suspected illegal Quartz (White Stone) loaded in 5 trucks without any documents. It is noticed that the accused petitioner has been in judicial custody since

27.06.2023, that is, for 46 days. Perusal of the case diary shows prima facie incriminating material against the accused petitioner. However, considering the length of detention only, this Court is of the opinion that his further continuation of detention in the interest of the ongoing investigation may not be required. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.40,000/- (Rupees Forty Thousand) only with one surety of like amount to the satisfaction of the learned C.J.M., West Karbi Anglong, Hamren subject to the following conditions- i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; ii) That the accused petitioner 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 Police Officer or the Court; and iii) That the accused petitioner shall refrain from committing any offences Page No.# 3/3 similar to the one of which he is accused. Return the case diary. This disposes of the bail application. JUDGE Comparing Assistant