Bipul Neog v. The State of Assam

ORDER Date : 03-06-2024

Heard Mr. K. Thakur, learned counsel for the petitioner Bipul Neog, who has filed this application under Section 439 of the Code of Criminal Procedure, 1973 as he is behind bars since 04.05.2024 in connection with North Lakhimpur Page No.# 2/3 Police Station Case No. 120/2024 under Sections 341/384/392/323/34 of the Indian Penal Code, 1860.

¶2Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the present petitioner.

¶4The allegations against the petitioner is that the petitioner along with his companions stopped the vehicle of the informant and robbed him of Rs.10,000/- (Rupees Ten Thousand) and also assaulted the informant along with his friends and threatened the informant with dire consequences.

¶5I have perused the Case Diary.

¶6Indeed there are incriminating materials in the Case Diary against the petitioner. However, investigation has progressed to a considerable extent. It appears that further custodial detention may not be required for the progress of investigation.

¶7Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶8The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, North 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 Court without prior Page No.# 3/3 permission till completion of investigation.

¶9On breach of any of the bail conditions, bail order shall stand cancelled.

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

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010095192024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1382/2024 BIPUL NEOG S/O LATE HEMA KT. NEOG, R/O NORTH P.S. CAMPUS P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR STATE- ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND