High Court rejected a bail application of an accused in a murder case, holding that given his earlier conduct and reliance on circumstantial evidence, release would hamper the ongoing trial.
Bail application rejected; petitioner may renew before trial court after progress of trial.
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GAHC010067642022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./760/2022
PRANAB JYOTI HAZARIKA
SON OF LATE KANAKESHWAR HAZARIKA, R/O ASSAM STATE HOUSING BOARD COMPLEX, FLAT NO. P-4, NANDANPUR, BHETAPARA, P.S. BASISTHA, DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M K DAS
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
10.05.2022
The accused petitioner Pranab Jyoti Hazarika who is facing trial before the court of learned Addl. Sessions Judge (FTC), Lakhimpur, North Lakhimpur in Sessions Case No.17(N.L.)/2022 (North Lakhimpur P.S. Case No.265/2014 under
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Section 302 IPC; G.R. Case No.509/2014), has sought for regular bail as the learned trial court has rejected his bail prayer.
Heard the learned counsel for both sides. Also, perused the scanned copy of the case diary as well as the LCR so received.
It is alleged in the FIR that the present petitioner had killed the son of the informant, namely- Bhaskar Konwar on the grudge of earlier dispute. The case was charge sheeted against the accused petitioner under Section 302 IPC and the case is now at the evidence stage.
As per the record, the accused petitioner fled away after the occurrence and as he could not be apprehended, charge sheet was laid after several years of the occurrence and he has been taken into custody.
The case primarily based on circumstantial evidence and the complicity of the accused petitioner has been suggested. The trial of the case is at initial stage and in view of the earlier conduct of the accused petitioner, it can be inferred that his release may hamper the trial.
Learned Addl. Public Prosecutor has also raised objection against such bail prayer.
Considering all entirety of the matter, petitioner’s prayer for bail stands rejected for the purpose of smooth trial. The petitioner, however, is at liberty to renew his bail prayer before the trial court after certain progress of the trial.
The bail application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to regular bail pending trial.
Whether the release of the accused would hamper the trial.
Pranab Jyoti Hazarika
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
