Allowed

Partha Pratim Roy v. the State of Assam

Gauhati HC10 Jan 2019Bail Appln./2629/2018

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to Partha Pratim Roy in an assault case involving the victim. The Court held that further detention was not warranted after nineteen days, leading to the acceptance of the bail application despite family enmity.

What did the court decide?

Release on bail on Rs. 20,000 with two local sureties, subject to conditions regarding investigation, jurisdiction, and tampering with evidence.

Partha Pratim Roy Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2019)

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GAHC010249232018

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln. 2629/2018

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1:PARTHA PRATIM ROY S/O LATE PRABIR KUMAR ROY R/O HOUSE NO 9 BASISTHA NAGAR KALIBARI ROAD BYE LANE NO 6 PS BASISTHA DIST KAMRUP M ASSAM

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VERSUS

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1:THE STATE OF ASSAM REPRESENTED BY PP ASSAM

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Advocate for the Petitioner : MR. P N SHARMA Advocate for the Respondent : PP ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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10-01-2019

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Heard Mr. D. K. Bhattacharyya, learned counsel for the petitioner and Mr. N. J. Dutta, learned Additional Public Prosecutor for the State.

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This application under Section 439 CrPC has been filed by the petitioner, namely, Sri Partha Pratim Roy seeking bail in Basistha Police Station Case No.1368/2018, corresponding to G.R. No.15413/2018 registered under Sections 341/326/307/34 of the IPC. The petitioner was arrested on 18.10.2018 and since then he is custody in said Basistha P.S. Case.

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Case diary produced today by the learned Addl. Public Prosecutor reveals that there is an enmity between the family members of the petitioners and that of the victim and on the date of the incident i.e., on 18.10.2018, the petitioner along with his two brothers assaulted the victim in his head due to which he sustained injuries and was admitted in Health Hospital at Basistha.

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Considering the period of detention of the petitioner in custody since 18.10.2018, the Court is of the view that further custodial detention of the petitioner is not warranted to investigate the said Basistha P.S. Case No.1368/2018 and accordingly, this bail application of the petitioner is accepted.

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Accordingly, the petitioner, named above, shall be released on bail in the above noted Basistha P.S. Case No.1368/2018, on furnishing a bail bond of Rs. 20,000/- with 2(two) local sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, on conditions that the petitioner (i) shall appear before the Investigating Officer of said Basistha P.S. Case No.1368/2018 as and when he is required for necessary investigation of said Basistha P.S. Case; (ii) shall not leave the territorial jurisdiction of the Basistha police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) 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 them from disclosing such facts to the Court or to any police officer.

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Any violation of the aforesaid terms and conditions by the petitioner, the bail hereby granted to him in the aforementioned Basistha Police Station Case No.1368/2018 shall stand automatically vacated.

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Return the case diary.

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Bail application is accordingly stands allowed.

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JUDGE

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Comparing Assistant

Partha Pratim Roy v. the State of Assam

Case brief

What is this about?

What did the court decide?

Partha Pratim Roy v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Case details

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