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. : AB/3432/2024 SURAJIT DEKA S/O CHANDRA DHAR DEKA, R/O BEZERA, KHUDRA, SARAIGHAT, P.O.- BEZERA, P.S.-BAIHATA CHARIALI, DIST- KAMRUP, PIN-781121 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S CHOWDHURY, MR I HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2025
Heard Mr. S. Chowdhury, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 482 of the BNSS, 2023, praying for pre-arrest bail in respect of Baihata Chariali P.S. Case No. 325/2024.
3. It is alleged in the FIR that on 08.12.2024, at about 9 PM, the present petitioner
Page No.# 2/2 being the husband of the informant had assaulted her. It is also alleged that his family members were also involved in that act.
4. The medical report available in the case diary shows that the woman sustained some injuries.
5. I have considered the submissions made by the learned counsels of both sides.
6. It appears that it is a dispute between the husband and wife. The wife has implicated the entire family members in this case.
7. Therefore, for the ends of justice, this Court is of the opinion that the present petitioner does not deserve to be detained in custody. The pre-arrest bail application of the petitioner is allowed.
8. It is hereby directed that in the event of arrest in connection with Baihata Chariali P.S. Case No. 325/2024, the petitioner, Surajit Deka shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of arresting authority.
9. It is further directed that the petitioner shall co-operate with the investigating officer as and when required. With the aforesaid direction, the present bail application stands disposed of. The CD shall be returned.
JUDGE Comparing Assistant