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2025 DAILYLAW 16194 (GAU)

KANGKAN NATH v. THE STATE OF ASSAM

Bail Appln./2299/2025 · 2025-07-21

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010157682025 2025:GAU-AS:9368 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2299/2025 KANGKAN NATH SON OF SRI MALIN NATH R/O VILL- GENDRABIL P.O. KOKRAJHAR, P.S. KOKRAJHAR DIST. KOKRAJHAR, BTR, ASSAM PIN-783370 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S BORA, MR A.THAKURIA,MR. D P MANDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22-07-2025 Heard Mr. S. Bora the learned counsel for the petitioner and also heard Ms. N. Das, the learned Additional Public Prosecutor appearing on behalf of the Page No.# 2/3 State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 05.07.2025 in connection with Kokrajhar P.S. Case No. 167/2025 u/s 296/74/115(2)/324(4) of BNS Act. 3. It is submitted by Mr. Bora that the present accused/petitioner and the victim had love relationship. But, the father of the victim was always against the love affair between the victim and the accused/petitioner and to harass the petitioner a false and concocted case has been lodged against him. However, he is in custody since last 15 days and the police have got sufficient opportunity to interrogate him keeping him in custody and hence further custodial interrogation may not be necessary for the purpose of investigation. The petitioner is however ready and willing to cooperate the I/O in further investigation of this case and will appear before the I/O as and when his presence will be required. 4. Ms. Das, the learned Additional Public Prosecutor submitted in this regard that the accused not only assaulted the minor victim also damaged the mobile handset of the victim and accordingly he insisted to call for the Case Diary. 5. Considering the submission made by learned counsel for the both sides and also considering the statement made in the FIR and the Forwarding Report etc., I find that further custodial interrogation may not be necessary for the interest of investigation. Hence, I find it a fit case to extend the privilege of bail to the present petitioner. 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 Page No.# 3/3 to the satisfaction of the learned CJM, Kokrajhar. The accused/petitioner, namely, Kangkan Nath 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, threaten 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 CJM, Kokrajhar without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant