Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010006362025
2025:GAU-AS:1023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./107/2025 JITENDRA MAURYA S/O- LT. RAM ASRE MAURYA RESIDENT OF - VILL.-LEDUKA P.S.- KOTWALI, DIST.- JAUNPUR, UTTAR PRADESH, PIN-222109. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D CHUTIA, Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 29.01.2025
Heard Mr. D. Chutia, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Gorchuk P.S. Case No. 414/2024, under Sections 61(2)/318(4)/62/111(3) of BNS, 2023. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Chutia, learned counsel for the petitioner, that the present accused/petitioner is behind the bar for last 46 days and thus, the I.O. got sufficient time for his custodial interrogation. Further, from the statement made in the F.I.R. also, it is seen that he purchased the gold from one Mina Begum, who is one of the co-accused in this case, and apart from that, all the articles are already been recovered from the possession of the accused/petitioner and hence, further custodial interrogation of the present accused/petitioner may not be required for the interest of investigation. However, he is ready and willing to co-operate the I.O. in further investigation of this case if he granted with the privilege of bail. Ms. Bora, learned Additional Public Prosecutor, submitted in this regard
Page No.# 3/4 that there are sufficient incriminating materials against the present accused/petitioner. More so, the case is still at the stage of investigation and one of the co-accused, who is the main culprit of the case, namely, one Mina Begum, is yet to be nabbed in connection with this case and for which, further custodial interrogation of the present accused/petitioner may be necessary. Considering the submissions made by the learned counsels for both sides and the materials available in the Case Diary, without going into the detail of the merit of the case and only considering the length of detention already undergone by the accused/petitioner and the recovery of articles, I am of the view that further custodial detention of the present accused/petitioner may not be necessary for the interest of investigation and therefore, I find it a fit case to extend the privilege of bail to the present accused/petitioner. 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, Kamrup(M), the accused/petitioner, namely, Jitendra Maurya, 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 called for;
(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the
Page No.# 4/4
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, Kamrup(M), without prior permission.
In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant