Mithun Yadav v. The State of Assam

ORDER

05.06.2024

¶1Heard learned counsel Mr. S. K. Agarwal for the petitioner, Mithun Yadav.

¶2This application has been filed by the petitioner under Section 439 of the Page No.# 2/4 Cr.PC with prayer for bail as he is behind bars since 13.04.2024 in connection with Bharalumukh P. S. Case No. 56/2023 under section 302/34 of the IPC.

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

¶4The FIR unfolds that on 26.03.2023, Ramyatan Yadav, age 35 years was killed near his place of residence, Abhayachand Gali, Kumarpara, Guwahati.

¶5On 27.03.2023, Shyam Yadav called over phone in the morning and informed Rudra Yadav about the death of Ramyatan Yadav.

¶6It is also mentioned in the FIR that Ramyatan Yadav had some quarrel with his contractor, Shyam Yadav, who is a strong suspect. The other suspects are Hare Ram Yadav, Ankash Kumar Yadav and Mithun Kumar Yadav.

¶7After post-mortem, the body of the deceased was handed over to Lalit for funeral which was observed in Bihar.

¶8I have considered the submissions at the Bar with circumspection and I have also scrutinized the Case Diary.

¶9It is submitted that the body of the deceased was found lying in the place of occurrence, but the allegation against the petitioner is based on strong suspicion.

¶10Investigation has progressed to a considerable extent.

¶11It appears that further custodial detention of the petitioner may not Page No.# 3/4 be required for progress of the investigation.

¶12Final Report was submitted against the petitioners and the co-accused but when the Elaka Magistrate issued notices to the informant, the informant submitted a protest petition on the basis of which further investigation was ordered by the Magistrate.

¶13During the course of further investigation, the present petitioner was arrested on 13.04.2024 and since then he is in the jail.

¶14It is submitted that the petitioner is innocent. On careful scrutiny of the Case Diary, there appears to be incriminating materials against the present petitioner.

¶15However, investigation has progressed to a considerable extent.

¶16Further custodial detention for the progress of investigation may not be required.

¶17The petitioner is therefore enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup

(M) under the condition that;

(i) the petitioner shall not leave the jurisdiction of the Court without prior permission. JUDGE Page No.# 4/4 Comparing Assistant

Page No.# 1/4 GAHC010104292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1555/2024 MITHUN YADAV S/O SRI RAM CHANDRA YADAV, R/O MALPUR, P.S.-CHORAHL, DIST- BEGUSARAI (BIHAR), PRESENT ADDRESS- KUMARPARA, ABHAY CHANDRA DUTTA BY LANE, C/O MONMOHAN DAS, P.S.-BHARALUMUKH, GUWAHATI-781009, KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S K AGARWAL Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND