Bail Appln./2203/2026 of SRI TAPAN DEKA AND ANR Vs THDE STATE OF ASSAM on 6 August 2026

ORDER

07.08.2026 Heard Mr. M Hussain, learned counsel for the accused applicants. Also heard Mr. B Sharma, learned Additional Public Prosecutor appearing for the State. This is an application under Section 483 of the BNSS, 2023, for granting regular bail to the accused/applicants, namely, (i) Sri Tapan Deka and (ii) Sri Pranab Roy, who were arrested on 18.07.2026, in connection with Sarthebari Police Station Case No. 69/2026 registered under Sections 331(4)/305 of the BNSS, 2023. The case of the prosecution in brief are that on 17.07.2026 the informant lodged an FIR before the jurisdictional police station alleging, inter alia, that on the night of 15.07.2026 and 16.07.2026 some unknown miscreants broke the lock of his veranda’s grill and trespassed into his house and thereby committed theft of 12 bell metal plate, one inverter machine worth Rs. 50,000/-. Accordingly, Sarthebari P.S. Case No. 69/2026 was registered and investigated. During investigation, the involvement of the present accused applicants having come into light, they were also arrested along with the main accused, namely, Chinmoy Talukdar and Dipankar Deka, who are alleged to have stolen the aforesaid items from the house of the informant and thereafter to have sold the same to the applicants. Accordingly, the present applicants were arrested on 18.07.2026 and they are in jail since then. Mr. Hussain, learned counsel for the accused applicants submits that the accused applicants are the recipients of the items stolen by the two main accused, noted above, and have nothing to do with the offence of theft as alleged in the present FIR.

He further submits that they are innocent and have been wrongly implicated in the present case. Per contra, Mr. B Sharma, learned APP, Assam submits that during interrogation, it has clearly come into light that the accused applicants are the recipients of the stolen goods. He further submits that the statements of the accused applicants have already been recorded along with other witnesses. He further submits that investigation of the case has substantially progressed. Having heard the learned counsel for the parties and having perused the materials available on record including the case diary, it appears that the present accused applicants are co-operating in the investigation of the case. It further appears that the statements of the accused applicants have already been recorded under Section 180, BNSS along with other witnesses. It further appears from the case diary that the accused applicants have received the stolen items from the main accused, Chinmoy Talukdar and Dipankar Deka. It further appears that the investigation has substantially progressed. In view of the above, this Court is of the considered opinion that further custodial detention of the accused applicants is not justified. Accordingly, considering the entire aspect of the matter, it is provided that the accused applicants, named above, be released on bail on furnishing bail bond of Rs. 20,000/- each, with one surety each of the like amount, to the satisfaction of the jurisdictional Court, subject of course to the following conditions:

i) That the accused applicants shall co-operate with the investigation;

ii) That the accused applicants 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 disclosing such facts to the Court or to any Police Officer; and iii) That the accused applicants shall refrain from committing any similar offences in future of which they are accused or suspected of commission. With the above observation and direction, the instant bail application stands allowed and disposed of. Send back the case diary.

JUDGE Comparing Assistant