This bail application under Section 439 CrPC was allowed. The petitioner, charged with grievous hurt and attempted murder, was granted bail as he was a local resident unlikely to abscond, having already been in custody for 56 days.
Petitioner released on bail upon furnishing a bond of Rs.20,000/- with two sureties of the like amount.
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GAHC010022832021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./378/2021
DEBOJIT BORAH @ PANKAJ
S/O LOKHI BORAH, R/O TEOK DOCHUK, MAJ GAON, P.O.-JOKHARIA, P.S.TEOK, DIST-JORHAT, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. D BARUAH
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
19-03-2021
This is an application made under Section 439 Cr.P.C., seeking bail by the accusedpetitioner, namely, Sri Debojit Borah @ Pankaj , in connection with Teok Police Station Case No.778 of 2020 , registered under Sections 326/307 of the Indian Penal Code.
Heard Mr. D. Baruah, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor, Assam, appearing on behalf of the State Respondent.
Scanned copy of the case diary received is persued.
The accusation in the instant case is that while the informant was in the midst of a social function organized in his residence, one of the participants, i.e. the petitioner had inflicted dao blows on various parts of his body causing injuries to his person. The medical report of the injuries, available with the scanned copy of the case diary, shows that the injured sustained
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grievous injuries caused both by sharp as well as partially blunt weapon. Although the injuries are said to be grievous in nature, yet the medical report does not specifically mention as to what are injuries and in which part of the body injures were sustained by the injured.
In the meantime, charge-sheet in the case has been laid under Sections 324, 326 and 307 of the Indian Penal Code against the petitioner.
Considering the fact that charge sheet has already been laid and further requirement of detention of the petitioner in custody depends on the fact as to whether after release on bail the petitioner would evade the trial or abscond or in any way is likely to interfere with the trial of the case, The petitioner is a local person and he is unlikely to evade the trial or abscond. He has been in custody for 56 days as on date.
In view of the above, this Court is of the view that custodial trial of the petitioner is not essential in the case. Accordingly, the petitioner is granted bail.
Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with two suitable sureties of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Jorhat/Sessions Judge, wherever the case is pending.
The direction for bail is further subject to the conditions that the accused-petitioner:
(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Jorhat/Sessions Judge, wherever the case is pending, without prior written permission from him;
In terms of the above, this bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused petitioner charged with sections 326/307 IPC despite the charge-sheet being laid.
2 provisions across 2 enactments
DEBOJIT BORAH @ PANKAJ
THE STATE OF ASSAM
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
