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2025 DAILYLAW 16421 (GAU)

SUDEEP MALAKAR v. THE STATE OF ASSAM

Bail Appln./2375/2025 · 2025-08-06

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010161572025 2025:GAU-AS:10328 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2375/2025 SUDEEP MALAKAR S/O- LATE SUBODH CH. MALAKAR, R/O- H.NO-12, B/L-3A, TARUN NAGAR, P.S-BHANGAGARH, DIST- KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR S BORTHAKUR, P KHATANIAR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 07-08-2025 Heard Mr. S. Borthakur, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Page No.# 2/3 Bhangagarh P.S. Case No. 118/2025 under Sections 74/118(3)/109 of the BNS, 2023. 3. Case Diary has been received. I have perused the same. 4. It is submitted by Mr. Borthakur, learned counsel that the petitioner is innocent and he has not committed any such offence as alleged in the FIR. However, it is a fact that there was a tussle between the petitioner and the victim of this case, in which the petitioner as well as the victim sustained injuries. 5. It is further submitted that the petitioner has also lodged an FIR against the victim. 6. He further submitted that the present petitioner is in custody for the last 22 days and the I.O. has got sufficient opportunity to interrogate the petitioner keeping him in custody. Hence, further custodial interrogation of the petitioner may not be required. 7. He further submitted that from the forwarding report, it is seen that the petitioner was also medically examined as he sustained injuries due to the assault by the victim/informant. 8. Mr. Borthakur, learned Addl. PP submitted in this regard that from the medical report in the case diary it is seen that the petitioner is involved in the alleged offence, however, it is also a fact that the petitioner has also sustained some injury on his person due to the said incident. 9. Considering the submissions made by the learned counsel for both sides and the materials in the case diary, I find it to be a fit case to grant the privilege of bail to the petitioners. Page No.# 3/3 10. Accordingly, the accused/petitioner, namely, Sri Sudeep Malakar, be released on bail on furnishing a bond of Rs. 20,000/- (Rupees Twenty thousand) each, only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (Metro), Guwahati, subject to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (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/her from disclosing such facts to the Court or to any police officer. 11. With the above observation and direction, this bail application stands disposed of. 12. Return the Case Diary herewith. JUDGE Comparing Assistant