Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3885/2024 BINOD BARUAH S/O LATE PURNA KANTA BARUAH R/O BORDOLOI NAGAR, BYE LANE 2, SECTOR-1, P.O., P.S. AND DIST.
TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BORA, MS. C CHOUDHURY,MR. D K BAIDYA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 25-02-2025
1. Heard Mr. A.M Bora, learned senior assisted by Mr. D.K Baidya,
learned counsel for the petitioner.
2. Also heard Mr. B Sharma, learned Additional Public Prosecutor.
3. Learned Senior counsel for the petitioner has submitted that the petitioner was granted interim bail by an order dated 14.02.2025 by this Court
Page No.# 2/3 on the ground that his mother expired and to facilitate the petitioner for performing the ‘shraddha’ ceremony of his mother. The interim bail was granted till 27.02.2025.
4. The learned counsel for the petitioner has submitted that in the meanwhile, the investigation in Sivasagar PS Case No. 105/2024 has been completed and charge-sheet has already been laid. The learned counsel for the petitioner has submitted that the petitioner has filed an additional affidavit to bring on record the charge-sheet submitted in this case. He further submitted that in the charge-sheet it has been mentioned that during investigation, sufficient incriminating evidence was not found against the present petitioner namely BinodBaruah and therefore, he was not sent up for trial.
5. In view of the above, learned counsel for the petitioner has prayed for making the interim bail granted to the petitioner as absolute.
6. The learned Additional Public Prosecutor Mr. B Sharma does not oppose the prayer.
7. I have considered the submissions made by learned counsel of both the sides. Since the investigation has been completed and charge-sheet has been laid showing the present petitioner as not sent up for trial as sufficient incriminating evidence could not be collected against him, the interim bail granted to the above named petitioner by order dated 14.02.2024 is hereby made absolute.
8. This bail application is accordingly disposed of.
JUDGE
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