Allowed

Bahiram Kumar v. the State of Assam

Gauhati HC5 Sept 2022Bail Appln./1893/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the accused, Bahiram Kumar, in connection with a case involving suicide due to gangrape and torture. The court noted the 57-day detention and approved a bail amount of Rs. 40,000 with one surety.

What did the court decide?

The accused petitioner is released on bail of Rs. 40,000 with one surety of like amount, subject to specific conditions of cooperation and non-inducement.

Bahiram Kumar Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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GAHC010173712022

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

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Bail Appln. 1893/2022

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BAHIRAM KUMAR SON OF LATE PADMARAM KUMAR R/O VILL- PACHIM NAOKATA P.S. GORESWAR DIST. TAMULPUR (BTR) ASSAM PIN-781364

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP ASSAM

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-----------Advocate for : MR H BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 05.09.2022

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Heard Mr. H Baruah, learned Counsel for the accused petitioner as well as Mr. RJ Baruah, learned Addl. P.P., Assam for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Bahiram Kumar has prayed for grant of bail in connection with Goreswar P.S. Case No.61/2022 under Section 120B/342/506/325/384/389/306 of the IPC read with Section 75 of the JJ Act.

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The case diary, as called for is placed before the Court.

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Mr. H Baruah, learned Counsel for the accused petitioner, submits that the accused petitioner has been in judicial custody for 57 days despite the fact that he was not responsible for the alleged occurrence. Mr. Baruah further submits that keeping in consideration of length of detention the petitioner may be directed to be released on bail.

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Opposing the bail application, Mr. RJ Boruah, learned Additional Public Prosecutor, submits that the case diary, as a whole, reveals that the accused petitioner and his associates arranged social trial in the local students Union office to try the deceased Mithun and his friend Lakhyadhar on accusation of having committed theft in shops. Both of them were subjected to physical and mental torture and in consequence, unable to bear with the torture, Mithun Kumar, aged about 15 years, committed suicide on the same day evening. Therefore, Mr. Boruah submits that his bail application may not be considered favourably.

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The FIR reveals the allegation that on 09.07.2022, at about 9.30 am, the informant’ paternal uncle son Mithun Kumar and his friend Lakhyadhar Kumar were taken away by two persons namely Hirak Sharma and Manoj Nath in the AASU Office and assaulted them and demanded Rs.10,000/- from each. Later on, Mithun Kumar out of depression committed suicide.

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It is noticed that the accused has been in judicial custody since 10.07.2022, that is , for 57 days.

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The post-mortem report of Mithun Kumar shows that the cause of his death was due to asphyxia as a result of hanging.

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A perusal of the case diary reveals prima facie clear evidence that the present accused and his associates subjected the deceased and another namely Lakhyadhar Kumar to physical and mental torture at the local students Union office on accusation that he committed theft in shops. After trial, they were fined. Later in the evening Mithun committed suicide. The investigation, so far the accused petitioner’s role in the alleged occurrence, is concerned has

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substantially progressed. Therefore, this Court is of the opinion that further confirmation of detention of the accused may not be warranted.

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Accordingly, it is provided that the accused petitioner, namely, Bahiram Kumar shall be

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released on bail of Rs. 40,000/- ( Forty Thousand ) with one surety of like amount to the satisfaction of the learned CJM, Mushalpur, Baksa subject to the following conditions- :

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(i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and

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(ii) That the accused petitioner 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 him from disclosing such facts to the Police Officer or the Court.

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Return the case diary.

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This disposes of the bail application.

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JUDGE

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Comparing Assistant

Bahiram Kumar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Bahiram Kumar v. the State of Assam

Case brief

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