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Judgment
W. Diengdoh, J
Heard Mr. S. Deb, learned counsel for the petitioner, who has submitted that this is an application under Section 439 Cr.P.C with a prayer for grant of bail on behalf of the accused person, Shri. Silnang Ch. Marak, who was arrested in connection with Ampati P.S. Case No. 27 (03) 2024 under Sections 435/506/307/34 IPC.
It is also the submission of the learned counsel that the accused person in question has been arrested, and is in custody for about 3(three) weeks or so, and notwithstanding the fact that the investigation is proceeding in the case, the accused person having been questioned and examined by the Investigating Officer, and also the fact that he has denied having any part in the said incident, the learned counsel therefore prays that the accused person may be enlarged on bail with any conditions as deemed fit and proper to be imposed by this Court.
Mr. K. Khan, learned PP appearing on behalf of the State respondent has produced copy of the case diary and has also led this Court to the statement of the complainant and other witnesses recorded by the Investigating Officer. He submits that the allegation made in the FIR are serious in nature and the Investigating Officer has also ascertained the presence and the involvement of the accused person in question and as such, considering the seriousness of the offence, the prosecution would oppose the prayer for grant of bail.
This Court, on consideration of the submission made by the learned counsel for the petitioner, and also on perusal of the case diary including the statement of the complainant, who is also the alleged victim, and the fact that he has definitively identified the involvement of the accused person and has named him as the main perpetrator, therefore, at this juncture, this Court is not inclined to accede to the prayer made by the petitioner and the investigation is allowed to be completed with the final report to be filed by the Investigating Officer.
Accordingly, this Court is of the considered opinion that there is no merit in this application, the same is hereby dismissed and stands disposed of. No costs.