Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010063072025
2025:GAU-AS:4991
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/688/2025 DULAL DEKA S/O- NAGIRAM DEKA R/O- VILL-JHAKUWA PARA, P.O- HAZARIKA PARA, P.S - SIPAJHAR, DISTRICT- DARRANG, (ASSAM) 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)
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 25-04-2025 Heard learned counsel Mr. M. Ahmed for the petitioner Dulal Deka, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is apprehending arrest in connection with Sipajhar Police Station Case No. 35/2025 under Sections 118(1)/109/3(5) of Bharatiya Nyaya Sanhita, 2023.
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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 petitioner is that the accused Nibaran Bora named in the FIR brought a bamboo lathi and the petitioner assaulted the victim Hiteswar Deka with the bamboo, causing grave injuries on his head.
4. Learned counsel for the informant has submitted that the petitioner is of aggressive nature and nothing can deter him from committing such an offence again.
5. I have scrutinized the Case Diary and I have considered the submissions at the bar. Petitioner is granted anticipatory bail vide order dated 25.03.2025. The petitioner has appeared before the Investigating Officer and his statement have been recorded.
6. I have also scrutinized the medico-legal report and the victim has sustained simple injuries on his head. The petitioner is willing to abide by any stringent bail conditions if imposed upon him.
7. Considering all aspects, the interim order dated 25.03.2025 is hereby made absolute under the conditions that :- (i) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) the petitioner shall refrain from such activities with which he is alleged and,
Page No.# 3/3 (iii) the petitioner 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