ASHISH MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application made under Sec. 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Sri Ashish Mandal @ Bappi Mandal, in connection with Fatashil Ambari Police Station Case No. 703 of 2021, registered under Ss. 448/294/342/354/397/326/307/34 of the IPC, read with Ss. 25(1A)/27 of the Arms Act, 1959.

(2.) Heard A.M. Bora, learned senior counsel, assisted by Mr. B. Bhagawati, learned counsel appearing for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor.

(3.) Mr. Bora, learned senior counsel for the petitioner has submitted that the accused-petitioner has been in custody for 125 days as on date. He has further submitted that the admitted position is that the charge-sheet filed in this case is not complete charge-sheet; rather, a part charge-sheet filed against the petitioner and others. He has further submitted that in the statements of witnesses, recorded under Sec. 161 of the Cr.P.C., the petitioner has not been implicated and that being so, according to the learned senior counsel for the petitioner, custodial trial of the petitioner is not necessary.