Balo Adam v. The State of Assam

ORDER Date : 28-05-2024

Heard Mr. M. Rahman, learned counsel for the petitioner Balo Adam.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC for short) with a prayer for bail as he is behind Page No.# 2/3 bars since 04.04.2024 in connection with Laluk Police Station Case No.49/2024 under Sections 370/37 of the Indian Penal Code, 1860 (IPC for short) (GR No. 247/2024).

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

¶4The allegation against the petitioner is that he sold the victim to a person at Arunachal Pradesh and the victim was coerced to work as a domestic help in his house.

¶5Case Diary was called for but the Case Diary is not received.

¶6I have considered the submissions at the bar the petitioner has been behind bars for 54 (Fifty Four) days. It appears that investigation may have presumably progressed to some extent. The petitioner has pledged to cooperate with the remaining part of investigation. The petitioner is a local resident and he is not a flight risk.

¶7Considering the submissions at the bar and in view of my foregoing discussions, petition is allowed.

¶8The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the Eleka Magistrate, Lakhimpur under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall not leave the jurisdiction of the jurisdictional Court without prior permission till completion of investigation.

¶9On breach of any of the bail conditions, bail order shall stand cancelled. Page No.# 3/3

¶10In the above terms and observations, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010093972024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1367/2024 BALO ADAM W/O PABITRA PEGU VILL- POKONIA, GARCHIGA P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MAHIBUR RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND