BIJOY KUMAR SINGH ALIAS BIJOY SINGH v. THE STATE OF ASSAM
Bail Appln./2709/2025 · 2025-09-02
Shamima Jahan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17770 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17770 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010184092025
2025:GAU-AS:11941
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2709/2025 BIJOY KUMAR SINGH ALIAS BIJOY SINGH SON OF SANKAR SINGH RESIDENT OF RAM KRISHNA MISSION ROAD, GOPINATH NAGAR, P.S.
PALTAN BAZAR, IN THE DISTRICT OF KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR DEBA SARMAH, RAKESH CHETRY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 03.09.2025
1. Heard Mr. Deba Sarmah, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioners has prayed for bail in
Page No.# 2/3 connection with Paltan Bazar P.S Case No. 296/2009 registered under Section 302/34 of IPC. 3. The F.I.R dated 05.06.2009 i.e. around 16 years back reveals that the petitioner along with others had attacked the brother of the informant and had attempted to murder him and that the victim had died on the next date i.e. 30.05.2009 in the hospital. 4. Mr. Deba Sarmah, learned counsel for the petitioner submits that the FIR was lodged on 05.06.2009 and that till date no charge-sheet was submitted by the police and that the petitioner was arrested on 19.06.2025 on the basis of suspicion which arose during the preliminary investigation, as is revealed in the forwarding report. 5. Mr. P Borthakur, learned Additional Public Prosecutor for the State of Assam, however, submits that the records reveal that the petitioner was absconding since the day of the incident and he also submits that witnesses had stated that the petitioner along with others had assaulted the deceased person which resulted in his death. 6. On consideration of the submissions made by both parties at the bar and on perusal of the records which shows that the case has been pending since 2009 and the petitioner was arrested in 2025 and that charge-sheet has also not been submitted and further, that the petitioner was arrested on mere suspicion, as revealed in the forwarding report, this Court deems it fit to release the petitioner No. 1 on bail on furnishing of a bail bond of Rs.
20,000/- with 1(one) local surety of the like amount to the satisfaction of the
Page No.# 3/3 arresting authority under the following conditions : (i) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioner shall not leave his place of residence without the permission of the arresting authority. 7. In view of the above, petition stands disposed of. JUDGE Comparing Assistant