Santosh Singh and Anr v. The State of Assam

ORDER

07.06.2024 Heard Mr A Ganguly, learned counsel for the petitioners, 1) Sri Santosh Singh and Page No.# 2/3 2) Mainul Haque Ansari.

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure, 1973, with prayer for bail, as they are behind bars since 09.04.2024, in connection with Dhekiajuli PS Case No. 50/2024, corresponding to GR Case No. 314/2024, under Sections 306/34 of the Indian Penal Code, 1860.

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

¶4The allegation against the present petitioners is that they are guilty of abetment to commit suicide as they have instigated the victim, i.e., the brother of the informant to commit suicide.

¶5The Case Diary is received, but the suicide note has not been forwarded with the Case Diary.

¶6However, I have considered the submission that the petitioners are behind bars for 59 days.

¶7The Case Diary also reveals that investigation has progressed to a considerable extent.

¶8Considering the length of detention, petition is allowed. The petitioners are enlarged on bail of Rs. 50,000/- each, with two local sureties each of the like amount to the satisfaction of the learned CJM, Tezpur.

¶9With the above directions, this bail application stands disposed of. Page No.# 3/3

¶10Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010095622024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1430/2024 SANTOSH SINGH AND ANR S/O SRI SOTHNAM SINGH VILL- ROHINIBIL GAON, P.S. THELAMARA, DIST. SONITPUR, ASSAM 2: MAINUL HAQUE S/OLATE NUR UDDIN ANSARI VILL- MEDHICHUBURI P.S. DHEKIAJULI DIST. SONITPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. A GANGULY Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND