Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010252742024
2025:GAU-AS:680
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3648/2024 ABDUL BASIT S/O MD. FAYZUR RAHMAN R/O HORINADIK PS. BADARPUR DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 22.01.2025
Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. I. U. Chowdhury, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4
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 Badarpur P.S. Case No. 271/2024, under Section 189(2)/191(2)/191(3)/ 109/188(2)/304 of BNS. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Choudhury, learned Senior Counsel for the petitioner, that the present petitioner is behind the bar for last 72 days and thus the I.O. got sufficient time for his custodial interrogation and therefore his further custodial interrogation may not be required for the purpose of investigation. More so, he has already completed his statutory period of 60 days and hence, considering his length of detention, he may be enlarged on bail. However, he is ready to extend his full co-operation with the I.O. in the further investigation of the case. In this context, Mr. Baruah, learned Additional Public Prosecutor, submitted the present petitioner is also an F.I.R. named accused person and from the materials available in the Case Diary, it is seen that he is also involved in the alleged offence. Further he submitted that the Medical Report shows that the victim sustained grievous injuries. Hence, he raised objection in granting bail to the accused/petitioner. Considering the submissions made by the learned counsels for both sides,
Page No.# 3/4 without going by the merit of the case and only considering the length of detention already undergone by the accused/petitioner, I am of the view that the I.O. has got ample opportunity to interrogate the accused/petitioner keeping him in custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs.
20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Karimganj, the accused/petitioner, namely, Abdul Basit, 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 in connection with the aforesaid P.S. Case;
(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 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 Chief Judicial Magistrate, Karimganj, without prior permission.
Page No.# 4/4 In terms of above, this bail application stands disposed of.
JUDGE Comparing Assistant