Sri Bhoirab Jyoti Borah v. The State of Assam

O R D E R

03.05.2024 Heard learned counsel for the parties. This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, Sri Bhoirab Jyoti Borah, who was arrested on 05.04.2024 in connection with Pragjyotishpur PS case No. 56/2024 under Section 448/376 (C)(a) Page No.# 2/2 IPC. Case diary produced by the learned Additional Public Prosecution is perused. Statement of the victim has already been recorded under Section 164 Cr.P.C. as well as under Section 161 Cr.P.C. The material reflects that the victim is a major and the relation was consensual. Considering above, this Court is of the opinion that no further custodial interrogation/detention of the petitioner is required. Accordingly, the present application is allowed. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent surety of like amount to the satisfaction of the learned CJM, Kamrup (M) with the following conditions.

(1) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(2) 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 them from disclosing such facts to the Court or to any police officer,

(3) The petitioner shall appear before the I/O on each and every date as and when called for. Bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010077312024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1116/2024 SRI BHOIRAB JYOTI BORAH S/O SRI PHATIK BORAH, RESIDENT OF VILLAGE CHARAIMORIA, PS BOGINODI, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR S C DAS Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY