Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010055932025
2025:GAU-AS:4554
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./829/2025 JINAR @ JITENDRA BASUMATARY S/O LT.KARANDRA BASUMATARY RESIDENT OF BHATIPARA, P.S.AND DIST. KOKRAJHAR, BTR, ASSAM PIN-783370 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-04-2025 Heard learned counsel Ms. L. Sarkar on behalf of learned counsel Mr. P.K. Das for the petitioner Jinar @ Jitendra Basumatary, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 25.01.2025 in connection with
Page No.# 2/3 Kokrajhar Police Station Case No. 293/2024 under Sections 126(2)/117(2)/109/3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that he has caused grievous injury on the victim’s head and attempted to commit murder. 4. Learned Additional Public Prosecutor has raised serious objection stating that the victim has sustained grievous injury on his head which clearly reveals that the petitioner has attempted to commit murder. It is further submitted that there are incriminating materials in the Case Diary against the petitioner. 5. I have considered the submissions at the bar with circumspection and I have also scrutinized the Case diary. Indeed there are incriminating materials in the Case Diary against the petitioner. Investigation has progressed substantially. I have considered the submissions that the petitioner is willing to cooperate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon him. 6. Considering all aspects, it appears that bail may be granted to the petitioner. 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, Kokrajhar under the conditions that:- (i) the petitioner shall refrain from such activities with which he is alleged,
Page No.# 3/3 (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioner shall not exercise threats to the victim and other witnesses and, (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission.
7. On breach of any of the bail conditions, the jurisdictional Court/Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 8. In terms of the above observation, this Bail Application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant