Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010264282024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3819/2024 TAPAN RABHA AND ANR. S/O RABIN RABHA R/O MUDUKI P.S. PALASHBARI DIST. KAMRUP, ASSAM 2: KAMAL RABHA S/O HEMNATA RABHA R/O RIHABARI P.S. CHHAYGAON DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 27.01.2025
Heard Mr. A. Paramanik, learned counsel appearing for the accused petitioners as well as Mr. D.P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioners, namely, 1. Sri Tapan Rabha and 2. Sri Kamal Rabha, has prayed for grant of bail in connection with Chayygaon P.S. Case No.412/2024 under Sections 111(2) (ii) of BNS, R/W 20 (b)(ii)(B)/29 of NDPS Act. It is submitted by the learned counsel for the petitioners that the accused petitioners have been languishing in judicial custody for last 67 days since their arrest on 22.11.2024 and charge-sheet has not yet been submitted. They have completed the mandatory period in judicial custody. Therefore, considering the length of detention, prayer for bail may be considered. On the other hand, Mr. D.P. Goswami, learned Additional Public Prosecutor has produced the case diary without FSL report and has confirmed that, charge- sheet has not yet been submitted. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioners are not necessary in the interest of investigation of the case. Accordingly, the accused-petitioners, named above, shall be released on bail, on furnishing bail bond of Rs.50,000/- each with two suitable sureties each
Page No.# 3/3 of the like amount, to the satisfaction of learned Special Judge, Amingaon, Kamrup.
The direction for bail is further subject to the conditions that the petitioners: (a) shall not leave the territorial jurisdiction of learned Special Judge, Amingaon, Kamrup without prior written permission from him/her; (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) 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 them from disclosing such facts to the Court or to any police officer. Send back the case diary. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant