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2025 DAILYLAW 14543 (GAU)

UTPAL BARMAN v. THE STATE OF ASSAM

Bail Appln./2012/2025 · 2025-06-26

Susmita Phukan Khaund

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010132142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2012/2025 UTPAL BARMAN S/O LATE BHUDHAR BARMAN R/O VILL- AKHARA P.S. NALBARI DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27.06.2025 1. Heard learned Counsel Mr. B.Chowdhury for the petitioner Utpal Barman who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 12.06.2025 in connection with Palashbari PS Case No. 151/2025 ( GR No. 510(K)/25 under Sections 318 (4)/65/69/64 (1) of Page No.# 2/3 the BNS,2023. 2. Mr. P.Borthakur, learned Addl.Public Prosecutor appearing for the respondent State has raised serious objection in granting bail to the petitioner by stating that the offence is of heinous nature and the relationship between the petitioner and the victim cannot be accepted. Case Diary has to be perused considering the heinous nature of the offence. 3. Per Contra , the learned counsel for the petitioner submits that the petitioner and the victim had a love relationship. The petitioner himself is a CRPF personnel and he was helping the victim financially after her husband’s death. It is pertinent to mention that the victim’s husband was also a CRPF personnel. It is submitted that false allegations have been brought up against the petitioner. It is also submitted that the petitioner is a married person. 4. I have considered the submissions at the Bar with circumspection. 5. It is submitted that the petitioner is willing to co-operate with the remaining part of investigation and will abide by any stringent conditions if imposed upon him. 6. It appears that bail may be granted to the petitioner. 7. The petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the learned Eleka Magistrate/ Jurisdictional Court subject to the following conditions: i) That the petitioner shall not jump bail, Page No.# 3/3 ii) That the petitioner shall not exercise any threats or try to influence witnesses. 8. On breach of any of the above conditions, learned court is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant