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2025 DAILYLAW 14303 (GAU)

PRANAB RAJBONGSHI v. THE STATE OF ASSAM

Bail Appln./1973/2025 · 2025-07-20

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010128682025 2025:GAU-AS:9328 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1973/2025 PRANAB RAJBONGSHI SON OF SRI KANAK RAJBONGSHI R/O NIZ DEFELI P.O. NIZ DEFELI P.S. TAMULPUR DIST. BAKSA, STATE- ASSAM, PIN CODE- 781367. VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. K K DEKA, MS D RABHA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 21.07.2025 Heard Mr. K. K. Deka, learned counsel of the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor representing the State respondent. 2. This application under Section 483 of BNSS, is preferred by the accused/petitioner, namely, Sri Pranab Rajbongshi, who has been languishing in jail hazot since 05.06.2025 in connection with Khatowal P. S. Case No. 24/2025, registered under Sections 329(4)/324(A)/118(2)/351(3) of BNS. 3. It is submitted by Mr. Deka, learned counsel for the petitioner, that the F.I.R. has been lodged against the present petitioner based on false and concocted allegations. The case has been filed under Section 118(2) of the BNS, but there are no ingredients to attract the said section, as the injury sustained is not grievous in nature. He further submits that the petitioner has been behind bars for the last 47 days, and therefore, custodial interrogation is not necessary at this stage. The petitioner is also ready to cooperate with the Investigating Officer for the further investigation of the case if he is enlarged on bail. 4. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor, submits that there are sufficient incriminating materials collected against the accused/petitioner. However, it is a fact that the injury sustained by the victim/informant is simple in nature. Nevertheless, he objects to the accused/petitioner being enlarged on bail at this stage. 5. Having heard the submissions made by the learned counsels for both sides, as well as considering other aspects of the case and the injury report of the victim/informant, I find that further custodial detention of the accused/petitioner does Page No.# 3/3 not seem necessary at this stage. 6. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon, the accused/petitioner, namely, Sri Pranab Rajbongshi, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 Chief Judicial Magistrate, Nagaon, without prior permission. 7. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant