Devjit @ Devajit Hazarika v. The Inspector Of Police
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 06.02.2024 for the alleged offence under Sections 294(b), 307, 323 and 302 of I.P.C. in Crime No.123 of 2019 on the file of the respondent police, pending trial in S.C.No.39 of 2020 on the file of I Addl. District and Sessions Judge, Thiruvallur, seeks bail.
2. It is a case of jumped bail. The petitioner was arrested on 06.02.2024 pursuant to the non-bailable warrant issued against him.
3. The learned counsel appearing for petitioner would submit that due to absence of petitioner on the date of hearing i.e. on 09.03.2020, the learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 06.02.2024 on execution of nonbailable warrant. He would submit that he is in jail from 06.02.2024. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is absconding for more than three years and he belong to the State of Assam and thereafter, after hectic efforts, he was secured only on 06.02.2024. He would further submit that if he is released on bail,there is possibility of hampering the investigation and tampering the witnesses. Therefore, he vehemently opposed to grant bail to the petitioner.
5. Considering the facts and circumstances of the case and the fact that after three years, the petitioner was secured in the State of Assam and other accused also belong to Assam and the fact that he is an habitual offender of Assam State and the fact that he is arrayed as A2 and out of 23 witnesses, 21 witnesses were examined and considering the fact that if he is released on bail, he may abscond and there is possibility of hampering the investigation and tampering the witnesses, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
29.04.2024 rpp T.V.THAMILSELVI, J.
rpp 29.04.2024