Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010081602025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1236/2025 PANKAJ CHETRI S/O LAL BAHADUR CHETRI R/O VILL-TETELIA PATHAR P.S. KHETRI DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N UPADHAYAY, A B T HAQUE Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 09.05.2025
1. Heard Mr. A. B. T. Haque, the learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the
Page No.# 2/3 petitioner, namely, Pankaj Chetri, who has been detained behind the bars since 03.04.2025 (for the last 37 days) in connection with Khetri P. S. Case No. 27/2025 under Sections 296/109(1)/118(2) of BNS, 2023. 3. The gist of the accusation in this case is that on 02.04.2025, one Lakhi Chetri had lodged an FIR before the Officer-in-Charge of Khetri Police Station, inter-alia, stating that on that day about 3.20 P.M., the son of the informant entered into the house of the present petitioner and thereafter, the petitioner assaulted her son with and caused grievous injuries on his person and later on, the son of the informant was admitted in Guwahati Medical College and Hospital. 4. The learned counsel for the petitioner has submitted that though, there was an altercation and as the victim, Amrit Chetry tried to assault the mother of the petitioner. 5. He submits that the petitioner has been detained behind bars for the last 37 days, and considering the period of detention, he may be allowed to go on bail. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Khetri P. S. Case No. 27/2025 and has submitted that though, the injury report is not available in the case diary, however, the statement of the witnesses recorded by the Investigating Officer shows the complicity of the present petitioner in the alleged offence. He also showed some photographs of the victim, which are available in the case diary, which shows that the victim sustained injuries on this person. 7.
I have considered the submissions made by the learned counsel for both the sides, and have perused the case diary of Khetri P. S. Case No. 27/2025. There appears to be incriminating materials against the present
Page No.# 3/3 petitioner in the case diary. However, it also appears that the investigation in the meanwhile has fairly progressed. 8. Under such circumstances, considering the period of detention already undergone by the petitioner, if he cooperates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of the Khetri P. S. Case No. 27/2025. 9. In view of the above, the above-named petitioner shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M) with the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 10. With the above observation, this bail application is disposed of. JUDGE Comparing Assistant