Nantu Banik and Anr v. The State of Assam

ORDER

03.05.2024

Heard Ms. F. Hussain, learned counsel for the petitioners. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/2 This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioners, namely, (1) Nantu Banik and (2) Paltu Banik @ Poltu Banik, who were arrested on 24.04.2024 in connection with Uluani P.S. Case No. 38/2024 under Section 120(B)/384/386/392/420/465/468/469 of IPC. Considering the nature of allegation and closure of prosecution pursuant to the earlier FIR lodged by the same informant on the same set of allegation and also considering the period of detention, this Court is of the view that the further custodial interrogation of the accused/petitioners shall not be required for the purpose of investigation. Accordingly, it is directed that the petitioners, named above, be released on bail in connection with the case aforementioned, on their furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount each to the satisfaction of the learned SDJM, Kaliabor, Nagaon, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned SDJM, Kaliabor, Nagaon 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 them 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.# 1/2 GAHC010088342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1272/2024 NANTU BANIK AND ANR. REPRESENTED BY THE PP, ASSAM 2: PALTU BANIK @ POLTU BANIK S/O LATE HARAN BANIK R/O AMBAGAN AMAR CHARIALI P.S. RUPAHIHAT DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY