In an application for bail under BNSS Section 483, the Gauhati High Court allowed the petition despite the complaint of erroneous registration of offences under the IPC instead of BNSS 2023 and the absence of the case diary.
Bail allowed for Rs. 30,000 with suitable surety under conditions of cooperation and non-mobility.
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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GAHC010146302024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2135/2024
AJIT DAS
S/O NIMAI DAS, R/O VILL- SUBHASNAGAR, LANKA, P.S.-LANKA, DISTHOJAI, ASSAM, PIN CODE-782435. PRESENT ADD- KUSHAL NAGAR, C/O SUJIT DAS, P.S.-SONAPUR, DIST- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. T SOM, MR H DAS,MS. U HAZARIKA
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 05.08.2024
Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State respondent.
The petitioner, namely, Ajit Das has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) with prayer for bail in connection with Sonapur P.S. Case No. 143/2024 registered under Sections 354/ 354(A)/ 354(B)/354(D)/506/
509 of the IPC.
Case diary as called for is not received.
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The learned counsel for the petitioner has submitted that the petitioner is behind the bars for almost a month and prays for bail without the case diary. The FIR has been erroneously registered under the IPC instead of registering the offences under the BNSS, 2023. It is also submitted that the FIR has been lodged with false allegation after 3 months. The petitioner is behind the bars for about a month since the date of his arrest on 11.07.2024. It is submitted that the petitioner is ready to cooperate with the investigation and abide by any conditions imposed upon him.
I have considered the submissions at the bar with circumspection. I have also considered the submission that the petitioner is willing to abide by any stringent bail conditions, if imposed upon him.
Considering all aspects of the matter and in view of my foregoing discussions, bail petition is allowed. The petitioner is enlarged on bail of Rs. 30,000/- (Rupees thirty thousand), with a suitable surety of the like amount to the satisfaction of the learned CJM, Kamrup (M) under the conditions that :
On breach of any of the bail conditions, the bail order shall stand cancelled.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant bail to the petitioner arrested for offences under IPC Sections 354 and 506?
Whether the registration of the FIR under IPC instead of BNSS 2023 warrants dismissal of bail application?
2 provisions across 2 enactments
Ajit Das
The State of Assam
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
