Nirhandra Thaosen v. The State of Assam

ORDER Date : 29-02-2024 Heard Mr. A.M. Bora, learned Senior Counsel assisted by Mr. V.A. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

¶2This is an application under Section 439 of the Code of Criminal Procedure, Page No.# 2/3 1973 (CrPC, in short) for release of the accused petitioner i.e. Nirhandra Thaosen on regular bail in connection with Geetanagar Police Station Case No. 309/2023 registered under Sections 120(B)/448/468/417/420/406/ 409 of the Indian Penal Code, 1860 (IPC, in short) who is in custody since 30.12.2023.

¶3The facts of the case is that the informant's land was shown sold by committing forgery in the subject Registration Case, Mutation Case, Partition Case and Deed No. 400 by taking advantage of the informant's old age.

¶4Mr. A.M. Broah, learned Senior Counsel for the petitioner submits that the petitioner has been languishing in jail since last 62 (Sixty Two) days and he has not been interrogated after he was transferred to judicial custody.

¶5Mr. D. Das, learned Additional Public Prosecutor submits that since the two prime accused in the case, i.e., Jayanta Deka and Biswajit Kalita are still absconding, the bail prayer of the petitioner be not entertained. He further submits that the petitioner was interrogated while he was in police custody and after he was transferred to judicial custody on 14.01.2024, no further interrogation has been done.

¶6I have heard the submissions made at the Bar and have perused the materials available on record.

¶7Considering that the petitioner has been not interrogated thereafter and also taking into account the length of detention, this Court is of the view that further detention of the petitioner is not justified, if he otherwise cooperates in the investigation/trial.

¶8For the aforesaid reasons, the petitioner namely Nirhandra Thaosen shall be released on bail, in connection with the above noted case, on furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand) only with one surety of like Page No.# 3/3 amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M), Guwahati subject to the following conditions that:-

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

ii) 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; and

iii) The accused petitioner shall refrain from such activities with which he is alleged, failing which, the bail order shall stand cancelled.

¶9The bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010042942024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./564/2024 NIRHANDRA THAOSEN S/O LATE SONOTH THAOSEN R/O HOUSE NO. 3, BYE LANE NO. 3, LNB ROAD, HATIGAON, POLICE STATION HATIGAON, DIST. KAMRUP (METRO), ASSAM PIN-781038 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. V A CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI