Mrityunjoy Biswas v. The State of Assam

ORDER

26.04.2024

Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Mrityunjoy Biswas, who was arrested on 07.02.2024 in connection with Bhuragaon P.S. Case No. 09/2024 registered under Section 304(B) of IPC. Case diary has been received and perused the same. From the case diary, it is seen that the petitioner has been in the custody since for last 80 days. The investigation has substantially been progressed. Statement of the witnesses has also been recorded including the neighbor of the victim lady. Considering the matter in entirety and also considering the period of detention, this Court is of the considered opinion that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Page No.# 3/3 Magistrate, Morigaon without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(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 office. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010057342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./809/2024 MRITYUNJOY BISWAS S/O ANIL BISWAS VILL- BHAKUAMARI PAM P.S. BHURAGAON DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR R A AHMED Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY