Bishnu Dev Koch v. The State of Assam

ORDER

10.06.2024 Heard Mr A M Khan, learned counsel for the petitioner, Bishnu Dev Koch, who has filed this application under Section 439 of the Code of Criminal Procedure, 1973, with prayer for bail, as he is behind bars since 15.03.2024, in connection with Dispur PS Case No. 222/2024, under Section 302 of the Indian Penal Code, 1860. Page No.# 2/3

¶3Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the petitioner that his right to personal liberty has been curtailed as this is a case of suicide and he is behind bars for 88 days.

¶5The Case Diary is received without FSL Report.

¶6I have scrutinized the Case Diary.

¶7Investigation has progressed to a considerable extent.

¶8I have perused the Post-Mortem Report. Death was not ascertained by the Medical Officer as the viscera was sent for forensic examination.

¶9Statements of most of the witnesses have been examined.

¶10It is submitted on behalf of the petitioner that the petitioner has not committed any offence under Section 302 IPC. This is a case of suicide.

¶11It appears that further custodial detention of the petitioner may not be required for the progress of investigation.

¶12I have considered the submission that the petitioner has pledged to cooperate with the investigation and to abide by any stringent conditions, if imposed upon him.

¶13Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with one surety of the like amount to the satisfaction of the learned CJM, Kamrup (Metro), under the condition that the petitioner shall not leave the jurisdiction of the Court, without prior permission. Page No.# 3/3

¶14With the above directions, this bail application stands disposed of.

¶15Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010087832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1262/2024 BISHNU DEV KOCH S/O LATE KESHURAM KOCH, VILLAGE KUSHTALI, PO BORONGANI, PS LAHARIGHAT, DIST MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND