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2025 DAILYLAW 10367 (GAU)

MR BIKASH BORDOLOI v. THE STATE OF ASSAM

Bail Appln./1192/2025 · 2025-04-20

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010072022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1192/2025 MR BIKASH BORDOLOI S/O-RAJANI KANTAV BORDOLOI,R/O-HOUSE NO-184,NOBADAYA PATH,HENGRABARI, GUWAHATI-781036 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR I S MAZUMDAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 21.04.2025 1. Heard learned counsel Mr. I. S. Mazumdar for the petitioner ‘X’. 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 12.02.2025 in connection with Dispur Police Station Case No. 131/2025 under Page No.# 2/3 Sections 79/117(2)/308(6)/118(2)/109(1)/85 of the BNS. 3. Heard Ms. S. H. Bora, learned Additional Public Prosecutor for the respondent State. 4. The allegation against the petitioner is that he compelled his wife to indulge in immoral act whenever he was indebted to any person. It is submitted that the petitioner has also subjected his wife to immense cruelty. It is also submitted that there was a dispute between the petitioner and the informant who is the petitioner’s wife. 5. It is further submitted that in the heat of the moment an FIR was lodged but at present the petitioner has filed an affidavit marked as Annexure-B of the petition which is an affidavit submitted by the informant that she has no objection if the petitioner is enlarged on bail. 6. I have considered the length of detention. It appears that investigation has progressed substantially. The petitioner is a local resident and he is not a flight risk. 7. It appears that bail may be granted to the petitioner. 8. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup, (M) under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall not exercise threats to the victim and other witnesses or try to influence them, and Page No.# 3/3 (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, Bail Application stands disposed of. JUDGE Comparing Assistant