Hareswar Deka and Anr v. The State of Assam

ORDER

13.06.2024

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¶1Heard learned counsel Ms. C. Kalita on behalf of learned counsel Mr. A. K. Azad for the petitioners, namely (i) Hareswar Deka and (ii) Kamakhya Deka.

¶2This application has been filed under Section 439 of the Cr.PC with prayer for bail as they are behind bars since 15.03.2024 in connection with Kayan P.S. Case No. 16/2024 under Section 109/302 of the IPC.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Case Diary is received without the post-mortem report.

¶5The petitioners have been behind bars for 91 days and Charge-sheet has not been submitted.

¶6Considering the length of detention, petition is allowed.

¶7Both the petitioners are enlarged on bail of Rs.50,000/- (Rs. Fifty Thousand) each, with a suitable surety of like amount to the satisfaction of the SDJM(M), Rangia under the conditions that;

(i) The petitioners shall not exercise threats to the witnesses, and

(ii) The petitioners shall not leave the jurisdiction of the Court without prior permission.

¶8Send back the Case Diary. Page No.# 3/3

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010093702024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1363/2024 HARESWAR DEKA AND ANR S/O SRI KAMAKHYA DEKA R/O HEMDOL P.S. KAYAN DIST. KAMRUP, ASSAM 2: KAMAKHYA DEKA S/O LATE HARICHANDRA DEKA R/O HEMDOL P.S. KAYAN DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A K AZAD Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND