Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 17701 (GAU)

NITIN SINGH v. THE STATE OF ASSAM

I.A.(Crl.)/889/2025 · 2025-08-19

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010181922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/889/2025 NITIN SINGH S/O- JAY PRATAP SINGH, R/O- VILL- RAIL VIHAR COLONY, NEAR SATBAHANIYA MANDIR ROAD, DEORIKHURD, BILASHPUR, P.S. BILASHPUR, DIST.- CHHATTISGARH, STATE- CHHATTISGARH, 495004 PH.NO. VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR. S MITRA, MR S.MITRA,MR A K BORO Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2071/2023 NITIN SINGH S/O- JAY PRATAP SINGH R/O- VILL- RAIL VIHAR COLONY NEAR SATBAHANIYA MANDIR ROAD DEORIKHURD BILASHPUR P.S. BILASHPUR DIST.- CHHATTISGARH STATE- CHHATTISGARH 495004 PH.NO. 8638255673 VERSUS Page No.# 2/3 THE STATE OF ASSAM REP. BY P.P. ASSAM ------------ Advocate for : MR D KHAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 20.08.2025 Heard Mr. S. Mitra, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This application has been filed by the applicant seeking modification of one of the bail conditions imposed vide order dated 22.06.2023, whereby the applicant was granted regular bail in connection with Paltanbazar P.S. Case No. 272/2022 registered under Section 420/406/120(B)/408/468 of IPC. 3. The three conditions were imposed and the condition 6(a) was that – “(a) The petitioner shall not leave the territorial jurisdiction of learned CJM, Kamrup(Metro), without prior written permission from him.” 4. The learned counsel for the petitioner submits that the petitioner being the resident of Bilaspur, Chattisgarh and such condition is causing practical difficulties and seeks modification of the same. The learned counsel for the petitioner further submits that learned Judge who passed the said order has already retired. Page No.# 3/3 5. Upon considering the matter, I find force in the contention of the petitioner side that the petitioner being a resident in the state of Chattisgarh, the bail condition 6(a) has caused him some practical difficulties as every time he has to take written permission from the said learned court. 6. Needless to say that free movement of a citizen across the length of the country is also a Constitutional right of a person and that would also be applicable to a person on bail unless there circumstances which would justify restricting his movements within a certain area or preventing him from going abroad. Therefore, I am inclined to modify the said condition. Thus new bail conditions enumerated in the para 6 of the bail order dated 22.06.2023 shall read as under – (i) The petitioner shall not abscond, (ii) That the petitioner shall co-operate with remaining investigation; (iii) That the petitioner shall not hamper and tamper with evidence or make any attempt to harass/influence witnesses; (iv) That the petitioner shall be available for trial in the event of charge sheet being filed and trial commencing against him. 7. In the view of the above, the I/A stands allowed and disposed of accordingly. JUDGE Comparing Assistant