Dudbor Sk Vs the State of Assam

Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Dudbor Sk. , has prayed for pre-arrest bail in connection with Sukchar P.S. Case No. 10/2024 under Section 143/341/333/353/307/379/411 IPC r/w Section 13(1)/16 of A.C.P Act, 2021 and added Section 212 of IPC.

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It is submitted by the learned counsel for the petitioner that as per the FIR, a group of people attacked the informant as a result of which he sustained injuries on his person but the petitioner was not present at the relevant time of the incident. It is further submitted that the petitioner is a daily wage labourer and he is in no way connected with the alleged offence. The coaccused of the present case was granted bail by this Court vide order dated 18.03.2025 in Bail Application No. 551 of 2025. Considering the background of the case, the petitioner may be enlarged on pre-arrest bail.

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A bail application preferred by the present petitioner before the Ld. Addl. C.J.M, South Salmara, Mankachar was rejected vide order dated 02.09.2025 as the case is exclusively triable by the Court of Ld. District & Sessions Judge. Hence, the petitioner has approached this Court.

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Mr. B Sarma, learned Additional Public Prosecutor for the State has produced the case diary.

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I have considered the submissions made by the parties. I have also perused the case diary which reflects that the injury sustained by the victim/informant is simple in nature caused by

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blunt object.

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Considering the background of the case and nature of the allegations, this Court is inclined to grant pre-arrest bail to the petitioner.

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Accordingly, the petitioner, named above, shall be released on pre-arrest bail in connection with Case P.S. Sukchar No. 10/2024 under Section 143/341/333/353/307/379/411 IPC r/w Section 13(1)/16 of A.C.P Act, 2021 and added Section 212 of IPC, on furnishing bail bond of Rs. 30,000/- with one suitable surety of the like amount, to the satisfaction of arresting authority.

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In the event of his arrest, the direction for pre-arrest bail is further subject to the conditions that the petitioner:

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(a) shall not leave the territorial jurisdiction of learned Addl. C.J.M, South Salmara, Mankachar, Assam without prior written permission from him/her; (b) shall cooperate with the investigation and appear before the I/O as and when called for;

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(c) 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 Court or to any police officer;

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(d) shall not hamper with the investigation, or tamper with the evidence of the case.

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