Allowed bail to petitioner Nabajyoti Baishya for 14 days under Section 439 CrPC in a case involving IPC sections 279, 337, 325, 342, 506 and 34, observing further detention not warranted post-custody period.
Release on bail with bond of Rs. 20,000 and local surety, subject to conditions regarding jurisdiction and investigation interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010163082020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2515/2020
NABAJYOTI BAISHYA
S/O LT. MUNINDRA BAISHYA, R/O H/NO 2, CHANDAN NAGAR, KERAKUCHI, P.S.-HATIGAON, DIST-KAMRUP(M), ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. T N DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
20-11-2020
Heard Mr. T. N. Das, learned counsel for the petitioner and Mr. T. K. Mishra, learned Additional Public Prosecutor, Assam for the State.
By this application under Section 439 CrPC the petitioner, namely, Nabajyoti Baishya is seeking bail in Basistha P.S. Case No. 1493/2020 registered under Sections 279/337/325/342/506/34 of the IPC, corresponding to G.R. No.13070/2020, wherein he was arrested on 31.10.2020 and since then, he is in custody.
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It is seen that the co-accused of the case namely, Naba Kumar Choudhury arrested along with the petitioner on 31.10.2020 in said Basistha P.S. Case No. 1493/2020 has already been released on bail by another Bench of this Court on perusal of the case diary, vide order dated 16.11.2020 passed in BA No.2375/2020.
It is seen from the said order dated 16.11.2020 that the relevant case diary reveals that there was an altercation between the parties because of which, the informant sustained injuries and the accused persons were apprehended by police immediately.
Considering the above and the period of detention of the petitioner in custody since 31.10.2020 in said Basistha P.S. Case No. 1493/2020, this Court is of the view that further custodial detention of the petitioner is not warranted to investigate the said Basistha P.S. Case.
Accordingly, the petitioner, namely, Nabajyoti Baishya shall be released on bail in connection with said Basistha P.S. Case No. 1493/2020 on furnishing bail bond of Rs. 20,000/with one local surety 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. 1493/2020 as and when he is required for necessary investigation of the 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) he 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.
Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Basistha P.S. Case No. 1493/2020 shall stand automatically vacated.
Bail application is accordingly stands allowed.
JUDGE
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Comparing Assistant
3 issues framed by the court
Whether the petitioner should be granted bail in a case pertaining to sections 279/337/325/342/506/34 IPC
Whether further custodial detention of the petitioner is warranted for investigation
Whether bail conditions should include restrictions on territory and interference with evidence
1 provisions across 1 enactments
Nabajyoti Baishya
The State of Assam represented by the Public Prosecutor, Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
