Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010008652025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./108/2025 RATUL DAS S/O SRI MANESWAR DAS R/O VILL- CHHAYGAON TAKARADIA P.S. CHHAYGAON, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM, REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R BORA, S BARBHUYAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 23.01.2025
1. Heard Mr. R. Bora, the learned counsel for the petitioner. Also heard Mr. D. Das, the learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik
Page No.# 2/3 Suraksha Sanhita, 2023, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot in connection with Sessions Case No. 42/2020, registered under Section 368 of the Indian Penal Code, which is pending before the Court of learned Sessions Judge, Kamrup (R), Amingaon. 3. The scanned copy of the LCR has been received and I have perused the same. 4. It is submitted by Mr. Bora, the learned counsel for the petitioner, that at the time of the investigation, the petitioner was enlarged on bail, but after filing of the charge sheet, he never received any summons, as DW-1 also returned un-executed. Thereafter, NBWA and P&A was issued against him. 5. Coming to know about the same, he surrendered before the learned Trial Court below on 08.01.2025 and since then he is in custody. 6. It is further submitted that the present petitioner and the victim of this case are now living together as a husband and wife and both, the informant, i.e. the mother-in-law and the victim, i.e. his wife Tarali also filed an affidavit in support of the present bail petition. However, the petitioner is ready to appear before the learned Trial Court below on each and every date, fixed by the Court and to contest the case accordingly. 7. Mr. Das, learned Additional Public Prosecutor, has submitted that considering the fact that the petitioner is ready to abide by any stringent conditions imposed on him and is ready to appear before the learned Trial Court on each and every date fixed, the matter may be considered. 8.
Considering the submissions made by the learned counsel for both the sides and considering the materials available on case record, I find that further custodial detention of the present petitioner is not necessary. Page No.# 3/3
9. Accordingly, this Court is of the opinion that privilege of bail can be granted to the accused/petitioner. 10. 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 Sessions Judge, Kamrup (R),Amingaon the accused/petitioner, namely, Sri Ratul Das, be enlarged on bail, subject to the following conditions:
(i) that the petitioner shall appear before the Court of learned Sessions Judge, Kamrup (R),Amingaon on each and every date to be fixed by the Court; (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 them from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall submit his Aadhaar Card and PAN Card before the learned Sessions Judge, Kamrup (R); Amingaon and (iv) that the petitioner shall not leave the jurisdiction of the learned Sessions Judge, Kamrup (R), Amingaon without prior permission. 11. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant