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2025 DAILYLAW 9117 (GAU)

SRI SONATAN RAY v. THE STATE OF ASSAM

Bail Appln./733/2025 · 2025-03-25

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010053352025 2025:GAU-AS:3478 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./733/2025 SRI SONATAN RAY SON OF LATE TULSIRAM RAY, RESIDENT OF VILLAGE JHAWBARI, P.O. NOWGAON, P.S. MANIKPUR, DISTRICT BONGAIGAON, ASSAM, PIN 783391. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS P DEKA, MS. A BEGUM,MS. P K ZANNAT,MR. S N TAMULI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26-03-2025 Heard learned counsel Mr. S.N. Tamuli for the petitioner Sri Sonatan Ray, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer bail as he is behind bars since 09.02.2025 in connection with Manikpur Police Station Case No. 22/2025 under Sections Page No.# 2/3 118(2) & 109 of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that he attacked the victim Niren Ray with a bamboo stick causing grievous injury on his head. 4. I have considered the submissions at the bar with circumspection and I have also scrutinized the Case Diary. There are indeed incriminating materials in the Case Diary against the petitioner and the victim Niren Ray has also sustained grievous injury on his head. However, I have considered that investigation has progressed substantially. Petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 5. Considering all aspects, petition is allowed. 6. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bongaigaon under the conditions that :- (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3 7. On breach of any of the bail conditions, the learned jurisdictional Court/Eleka Magistrate is at liberty to cancel the bail granted to the petitioner. 8. In terms of the above observation, Bail Application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant