Krishna Daga v. The State of Assam

ORDER Date : 04.04.2024

¶1Heard Ms. B. S. Goyal, learned counsel for the applicant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State, who has produced the case diary of Tangla P.S. Case No. 11/2024.

¶2Learned counsel for the petitioner has submitted that by order dated 29.02.2024, the petitioners, namely, Jyoti Daga, Tara Devi Daga, Sri. Deepak Kumar Hirawat and Sri. Bimal Hirawat are allowed to go on interim bail and thereafter, by order dated 12.03.2024, the petitioner No.1, Sri. Krishna Page No.# 3/4 Daga was also allowed to go on interim bail.

¶3It is also submitted by the learned counsel for the petitioner that in pursuance to directions of this court, all the petitioners have appeared before the Investigating Officer and the cooperated in the investigation.

¶4The learned Additional Public Prosecutor has also submitted that the petitioners have appeared before the Investigating Officer and their statements under Section 161 of the Code of Criminal Procedure, 1973 have been recorded.

¶5Considering the fact that the petitioners have complied with the direction of this court and have cooperated in the investigation, the interim bail granted to the above named petitioners by order dated 29.02.2024, as well as

12.03.2024 are hereby made absolute.

¶6Learned counsel for the petitioner has submitted that by the aforesaid orders, the petitioners were directed not to leave the jurisdiction of learned Chief Judicial Magistrate, Udalguri, without prior permission of the said court. However, it is submitted by the learned counsel for the petitioner No.1 is the student of K. C. Das Commerce College, the petitioner No.2 is the student of Guwahati Medical College and Hospital and the petitioner No.3 is the mother of the aforesaid petitioners and stay with them at Guwahati, and, therefore, learned counsel had prayed for relaxing the condition No.3 attached to the interim bail order.

¶7Considering the submissions made by learned counsel, the condition No.3 attached to the interim order dated 29.02.2024 and 12.03.2024 is hereby relaxed to the extent that the applicants shall not leave the jurisdiction of the State of Assam without the leave of the learned Chief Judicial Magistrate, Udalguri, during the pendency of the investigation. Page No.# 4/4

¶8With above observations, this Anticipatory bail application is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010037712024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/440/2024o KRISHNAoDAGAo S/OoLATEoBINODoDAGA,o RESIDENToOFoTANGLAoTOWN,oWARDoNOo2,oPSoTANGLA,oDISToUDALGURI,o BTR,oASSAM 2:oJYOTIoDAGA oD/OoLATEoBINODoDAGA o RESIDENToOFoTANGLAoTOWN oWARDoNOo2 oPSoTANGLA oDISToUDALGURI oBTR oASSAM 3:oTARAoDEVIoDAGA oW/OoLATEoBINODoDAGA o RESIDENToOFoTANGLAoTOWN oWARDoNOo2 oPSoTANGLA oDISToUDALGURI oBTR oASSAM 4:oSRIoDEEPAKoKUMARoHIRAWAT oS/OoSRIoFATEHoCHANDoHIRAWAT o RESIDENToOFoM.BoROAD oKHARUPETIA oDISToDARRANG oASSAM 5:oSRIoBIMALoHIRAWAT Page No.# 2/4 S/O SRI FATEH CHAND HIRAWAT RESIDENT OF M.B ROAD KHARUPETIA DIST DARRANG ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : BINITA JAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA