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2025 DAILYLAW 10434 (GAU)

SAMIR PURI v. THE STATE OF ASSAM

Bail Appln./1087/2025 · 2025-04-07

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010072992025 2025:GAU-AS:4372 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1087/2025 SAMIR PURI S/O- RANJIT PURI A RESIDENT OF PHILLOBARI BORGAON,P.O. AND P.S. PHILLOBARI, IN THE DISTRICT OF TINSUKIA, ASSAM, INDIA. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR G G GOGOI, MR. S J SARMAH,A TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 08-04-2025 Heard Ms. A. Talukdar, the learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023, praying for bail to the accused/petitioner, who has been languishing in jail hazot since 27.03.2025 in connection with Bihpuria P.S. Case No. 67/2013 u/s 489(B)/34 of Indian Penal Code in Sessions Case No. 169(NL)/2016 u/s 489(B)/34 of IPC. 3. It is submitted by Ms. Talukdar, the learned counsel for the petitioner that the present accused/petitioner was earlier defaulted in 2/3 occasions for which NBWA was issued against him and accordingly she approached this Court with a Criminal Petition No. 348/2025 wherein vide order dated 21.03.2025, the present accused/petitioner was directed to surrender/appear before the Trail Court below on or before 27.03.2025 and in pursuant to that order the accused/petitioner appeared before the learned Trial Court below and surrendered himself. But, considering his earlier conduct his petition for bail was rejected by learned Sessions Judge, Lakhimpur, North Lakhimpur vide order dated 27.03.2025 and since then he is in custody. She further submitted that he will regularly appear before the learned Trial Court as and when date is to be fixed by the Court and face the trial, if he is allowed the privilege of regular bail. More so, he is a local person, there is no chance of absconding. He had to remain absent from the Court only due to his medical ground and presently he will appear before the learned Trial Court below and face the trial. 4. Mr. Sharma, the learned Additional Public Prosecutor, submitted in this regard that considering the other aspects of the case he may be allowed to go on bail with some strict conditions. 5. Considering the submissions made by the learned counsels for both sides, it is seen that as per direction of this Court vide order dated 21.03.2025 in Criminal Petition No. 348/2025 the accused/petitioner had already appeared Page No.# 3/3 before the learned Trial Court below with a petition for regular bail. However, the same was rejected considering with an observation that the accused may default to appear before the Court in the case. However, considering the subsequent conduct of the present petitioner who appeared/surrendered before the learned Trial Court below complying the order of this Court, and also considering the fact that he is in custody since last 27.03.2025, I find that further custodial detention may not be required in this case. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Sessions Judge, Lakhimpur, North Lakhimpur. The accused/petitioner, namely Samir Puri, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall appear before the learned Trial Court below on each and every date to be fixed by the Court; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten 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 petitioner shall not leave the jurisdiction of the learned Sessions Judge, Lakhimpur, North Lakhimpur without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant