Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 10390 (GAU)

SRI PANKAJ YADAV v. THE STATE OF ASSAM

Bail Appln./1043/2025 · 2025-04-03

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010071672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1043/2025 SRI PANKAJ YADAV S/O- SRI RAM CHANDRA YADAV, R/O- VILLAGE- RAJWA DUMRA, P.O.- ROSHRA, P.S.-HASANPUR DIST-SAMASTIPUR,BIHAR, PIN-848205 PRESENT ADDRESS-HOUSE NO 110, BELTOLA, TRIPURA ROAD, P.S.- BASISTHA DIST- KAMRUP(M) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. V N UPADHYAY, MR P DAS,MS P MISHRA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.04.2025 1. Heard learned counsel Mr. P. Das for the petitioner Pankaj Yadav. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 30.03.2025 in connection Page No.# 2/3 with Dispur Police Station Case No. 296/2025 under Section 112(2)/305(b) (c)/317(2)(4)(5)/324(5) of the BNS. 3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioner is that he has provided a crane to facilitate theft of a vehicle belonging to the informant and the vehicle of the informant was dismantled into pieces. 5. Learned counsel for the petitioner has submitted that the Forwarding report clearly reflects that he is not the owner of the crane which had towed the vehicle. It is submitted on behalf of the petitioner that he is the owner of a crane but his crane was out of order and he suggested a name to the accused to provide a name. It is submitted that without any complicity, the petitioner had been forwarded to custody. 6. I have considered the submissions at the Bar. 7. I have considered the submission that the petitioner's brother's marriage is to be held on 15.04.2025. 8. The petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 9. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup, (M), under the conditions that: (i) The petitioner shall appear before the Page No.# 3/3 Investigating Officer on every fortnight till completion of investigation, and (ii) The petitioner shall not leave the jurisdiction of the Court without prior permission. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant