Kamal Bhuyan v. The State of Assam

ORDER Date : 27-04-2023

¶1Heard Mr. D. Chakrabarty, learned counsel for the petitioner Kamal Bhuyan. Also heard Mr. K.K. Parashar, learned Add. P.P. for the State of Assam and Mr. Z. Alam, learned counsel representing the respondent.

¶2The petitioner has filed an application under Section 439 Cr.PC with prayer for bail as Page No.# 2/3 he is in custody since 04.04.2023 in connection with Gohpur P.S. Case No. 75/2023 (G.R. No. 103/2023) under Sections 419/420/468/406/511 IPC added Sections 120B/34 IPC.

¶3I have considered the submissions at the Bar with circumspection and I have also perused the Case Diary.

¶4The FIR unfolds that the informant Bijoy Bora and Lakhikanta Bora @ Amulya Bora are co-pattadars of land appertaining to Patta No. 43 covered by Dag Nos. 138/147 at village Chengaigaon in the district of Biswanath. The accused petitioner along with the accused named in the FIR have projected the co-pattadars as deceased and had procured death certificates from the local Gaonburah. The petitioner as well as the accused named in the FIR have also forged the signatures of the co-pattadars and exhibited an affidavit for the purpose of deriving compensation for laying of Indradhanu Gas Pipe Line.

¶5It is submitted on behalf of the petitioner that he is ailing seriously. He underwent kidney operation and his left kidney was removed. Annexure-3 series are the medical documents which clearly reveals that the left kidney of the petitioner was removed as he was suffering from kidney cancer. The discharge summary depicts that the date of admission was

15.11.2022. The petitioner is apprehending that he may suffer from post surgery infection if he is lodged in the jail any further. It is submitted that the petitioner was not forwarded for better treatment to government hospital or any similar hospital. The report was called from the jail Doctor but no report regarding the health condition was sent from the jail Doctor.

¶6The learned Addl. P.P. has submitted that there are incriminating materials against the petitioner.

¶7I have considered the health condition of the petitioner. He has been in custody from

04.04.2023.

¶8Considering the health condition of the petitioner and considering the length of detention, petition is allowed. The petitioner is enlarged on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned SDJM (M), Gohpur under the conditions that – i. the petitioner will refrain from such activities with which he is alleged; Page No.# 3/3 ii. the petitioner will not tamper with the evidence; and iii. the petitioner will co-operate with the remaining part of the investigation. Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010082602023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1391/2023 KAMAL BHUYAN S/O- LATE MAHENDRA BHUYAN, PERMANENT RESIDENT OF VILLAGE- CHENGAIGAON (BORIGAON), P.O. AND P.S. GOHPUR, DIST.- BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM Advocate for the Petitioner : MR. D CHAKRABARTY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND