Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010049992025
2025:GAU-AS:4988
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/563/2025 NIBARAN BORA AND 2 ORS.
S/O- KANAK CH BORA , R/O- VILL- JHAKUWA PARA, PO HAZARIKAPARA, PS SIPAJHAR, DIST- DARRANG, ASSAM 2: KANAK CH.BORA S/OLATE KUHIRAM BORA R/O- VILL- JHAKUWA PARA PO HAZARIKAPARA PS SIPAJHAR DIST- DARRANG ASSAM 3: ANUPAMA BORA W/O KANAK CH. BORA R/O- VILL- JHAKUWA PARA PO HAZARIKAPARA PS SIPAJHAR DIST- DARRANG ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M AHMED, S W HUSSAIN,A. K. KANU Advocate for the Respondent : PP, ASSAM, MR N P DOWERAH (INFORMANT)
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 25-04-2025 Heard learned counsel Mr. M. Ahmed for the petitioner Nos. 1. Nibaran Bora, 2. Kanak Ch. Bora and 3. Anupama Bora, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are apprehending arrest in connection with Sipajhar Police Station Case No. 35/2025 under Sections 118(1)/109/3(5) of Bharatiya Nyaya Sanhita,
2023.
2. Heard learned Additional Public Prosecutor Mr. R.J. Baruah for the respondent State and learned counsel Mr. N.P. Dowerah for the informant.
3. The allegation against the petitioners is that petitioner No. 1 brought a bamboo lathi and the other accused Dulal Deka named in the FIR assaulted the victim Hiteswar Deka causing grave injuries on his head.
4. Learned counsel for the informant has submitted that the petitioners are of aggressive nature and nothing can deter them from committing such an offence again.
5. I have scrutinized the Case Diary and I have considered the submissions at the bar. Petitioners are granted anticipatory bail by the Coordinate Bench of this Court vide order dated 12.03.2025. The petitioners have appeared before the Investigating Officer and their statements have been recorded.
6. I have also scrutinized the medico-legal report and the victim has
Page No.# 3/3 sustained simple injuries on his head. The petitioners are willing to abide by any stringent bail conditions if imposed upon them.
7. Considering all aspects, the interim order dated 12.03.2025 is hereby made absolute under the conditions that :- (i) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) the petitioners shall refrain from such activities with which they are alleged and, (iii) the petitioners shall not leave the jurisdiction of the Court without prior permission.
8. On breach of any of the bail conditions, the bail order shall stand automatically cancelled.
9. In terms of the above observation, this Anticipatory Bail application stands
disposed of.
10. Send back the Case Diary.
JUDGE Comparing Assistant