Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010239022024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2998/2024 AVINASH CH UPADHYAY AND ANR S/O LATE RAM NARESH UPADHYAY R/O FATAASHIL AMBARI NEAR IDEAL NURSERY SCHOOL, P.S. FATASIL AMBARI, P.O. BHARALUMUKH, GUWAHATI-25, DIST.
KAMRUP (M), ASSAM 2: SONAULLA @ CHAPTAIN S/O SARIPULLA R/O BALADUBA PT.11
P.O. AND P.S. DHUBRI DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. R CHETRI, MR N MILI,MR U SAIKIA Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER Date : 10.01.2025
Heard Mr. R. Chetri, learned counsel, appearing on behalf of the applicants. Also heard Mr. R. R. Kaushik, learned Addl. P.P., Assam.
The present application has been instituted by the applicants, praying for grant of pre-arrest bail in connection with Changsari Police Station Case No. 299/2024 registered u/s. 316(3) of the Bharatiya Nyaya Sanhita, 2023.
The connected CD has been produced. On perusal of the same, this Court finds that the applicants, herein, are working as brokers and had acted as intermediaries for hiring of the Truck which is now missing with materials loaded thereon.
In view of the progress made in connection with the investigation of the case; this Court is of the considered view that the applicants, herein, are entitled to be granted the liberty of pre-arrest bail.
Accordingly, it is hereby directed that in the event of their arrest in connection with Changsari Police Station Case No. 299/2024 registered u/s. 316(3) of the Bharatiya Nyaya Sanhita, 2023; the applicants, herein, shall be enlarged on pre-arrest bail on furnishing a bond of Rs. 30,000/-, each, with 2(two) sureties of like amount, each, subject to the satisfaction of the arresting authority on the following terms and conditions: (i). The applicants shall appear before the I.O. of the case within a
Page No.# 3/3 period of 7 days from today for recording of their statements.
(ii). The applicants shall further continue to fully cooperate with the investigation of the case.
(iii). The applicants 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 Police Officer and/or tamper with the evidence of the case.
With the above directions and observations, this bail application stands
disposed of.
JUDGE Comparing Assistant