Bhuban Boro v. The State of Assam

ORDER

05.04.2024

Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot since 18.02.2024 in connection with Thelamara P. S. Case No.09/2024, registered under Sections 341/325/307/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner, Mr. Biswas that the accused/petitioner is innocent and no way involved with alleged offence. He submits that the accused/petitioner along with his other family members had protested against their land encroachment and thus, there is no ingredient to attract under Section 307 of IPC. He further submitted that the accused petitioner was arrested on 18.02.2024 and since then he is in custody. Thus, the IO got sufficient time to interrogate the accused/petitioner keeping him in the custody for the last 48 days. Hence, considering his length of detention, he may be enlarged on bail and he is still ready and willing to co-operate with the I. O. in further investigating of the case, if the same is granted. In this context, Mr. Borthakur, learned Additional Public Prosecutor, has submitted that to ascertain the allegation leveled against the accused/petitioner, the case diary will be required. However, considering the length of detention already undergone by the accused/petitioner, he raised no objection on the prayer made by the learned counsel for the petitioner. Considering the submissions of learned counsels for both sides and also Page No.# 3/3 considering the length of detention already undergone by the accused/petitioner, I am of the view that the I.O. has got ample opportunity to interrogate the accused/petitioner keeping him in the custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur, the accused/petitioner, namely Sri Bhuban Boro, be enlarged on bail, subject to the following conditions:

(i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) that the 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 Court or to any police officer; and

(iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur, without prior permission. In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010071492024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1007/2024o BHUBANoBOROo S/OoSRIoLAKHYESWARoBOROo(BOGAI)o R/OoVILLoNABILoKACHARIoPSoTHELAMARAoDISToSONITPUR VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oSoCoBISWASo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA