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2023 Supreme(Online)(GAU) 201

HIGH COURT OF GAUHATI
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
AMIT CHOWDHURY – Appellant
Versus
THE STATE OF ASSAM – Respondent


ORDER

Date : 23.03.2023 Heard Mr. P. K. Roychoudhury, learned counsel appearing for the accused petitioner as well as Mr. R. J. Baruah, learned Addl. P.P., Assam appearing for the State respondent.

By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Shri Amit Chowdhury, has prayed for grant of bail in connection with Dharamtul P.S. Case No.62/2022 under Section 379 of the IPC r/w Section

22(a) of the Petroleum Act.

The case diary, as called for, is placed before the Court.

The accused petitioner has been in judicial custody since 10.01.2023, i.e.

for 65 days.

The matter relates to pilferage of oil by piercing the underground oil pipelines of the IOCL Ltd.

Mr. P. K. Roychoudhury, learned counsel appearing for the accused petitioner, submits that the accused has been in judicial custody for 65 days despite he is not named in the FIR nor he was involved in the alleged offence. Mr. Roychoudhury further submits that the accused has been falsely implicated in another case. According to Mr. Roychoudhury, the accused was arrested in connection with Raha P.S. Case No. 01/2023 on 10.01.2023 under Section 379 of IPC read with Section 23(a) of the Protection Act, 1934. It has

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