ANANDA BARMAN @ ANANDA BARMA v. THE STATE OF ASSAM
Bail Appln./130/2025 · 2025-02-23
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6023 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6023 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010010852025
2025:GAU-AS:1917
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./130/2025 ANANDA BARMAN @ ANANDA BARMA S/O LATE TARINI BARMAN ALIAS TARINI BARMA, R/O GANDHI MANDAP ROAD, NEAR NABAJYOTI BIKASH CLUB, PS. PALTANBAZAR, DISTRICT KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS K DAS, MR. P K SAHARIA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 24.02.2025
Heard Mr. P. K. Saharia, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
Page No.# 2/3 This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Paltanbazar P.S. Case No. 424/2024, registered under Section 309(4) of BNS,
2023.
Case Diary has been received. Perused the same. Heard both sides.
It is submitted by Mr. Saharia, learned counsel for the petitioner, that the present accused/petitioner is innocent and he is no way connected in the alleged offence. However, he is behind the bar for last 59 days and hence, considering his length of detention, he may be enlarged on bail.
Mr. Borthakur, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials so far collected by the I.O. and another case, being Panjabari P.S. Case No. 43/2024, is also registered against the present accused/petitioner for the similar kind of offence, i.e. theft of cylinder. He further submitted that till date no note from the I.O. in regards to the preparation of Charge-Sheet has been obtained. Considering the submissions made by the learned counsels for both sides, without going by the merit of the case and only considering the length of detention already undergone by the present accused/petitioner, I am of the view that the I.O. has got ample opportunity to interrogate the accused/petitioner keeping him in custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary here in this case.
Page No.# 3/3 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, Ananda Barman @ Ananda Barma, 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 required;
(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 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