Hirak Jyoti Sarma v. The State of Assam

ORDER Date : 28-05-2024

¶1Heard learned counsel Mr. M. Ahmed for the petitioner.

¶2The petitioner namely, Hirak Jyoti Sarma has filed this application under Section 439 Cr.PC with prayer for bail in connection with Palashbari P.S. Case Page No.# 2/3 No. 164/2024 u/s 366 IPC.

¶3Heard Ms. A. Begum, learned Addl. PP., Assam.

¶4The FIR unfolds that while watching Bihu function, two boys kidnapped the victim. After a thorough search by the victim's family members, the victim was found standing on a bridge in the Rani Forest area.

¶5It is submitted on behalf of the petitioner that the victim was having a love affair with the other miscreant Mridul Das, and the victim willingly came with them. She was not kidnapped. While they were chatting on a bridge, the victim was found by family members and a false case has been slammed against the petitioner. It is submitted that the petitioner is a local resident and is willing to co-operate with the investigation. The petitioner is a young lad of 23 years.

¶6I have considered the submissions at the Bar.

¶7The learned Addl. PP has raised objection stating that bail cannot be granted without perusal of the Case Diary.

¶8I have considered the submissions at the Bar with circumspection. The petitioner is behind Bars for 28 days. Investigation has progressed to a considerable extent. The petitioner is willing to co-operate with the remaining part of the investigation. The petitioner is a local resident and he is not a flight risk.

¶9Considering all aspects and in view of the foregoing discussions, petition is allowed. Petitioner is enlarged on bail of Rs. 50,000/- (Rupees Fifty thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup, Amingaon under the conditions that:- i. The petitioner shall refrain from such activities with which he is alleged; Page No.# 3/3 ii. the petitioner shall not exercise threats to the informant and try to influence to the witnesses. iii. the petitioner shall not leave the jurisdiction of the Court till completion of investigation. On breach of any bail conditions, bail order shall stand cancelled.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010104532024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1507/2024 HIRAK JYOTI SARMA S/O SRI GOPAL CH. SARMAH R/O VILL- RAJAPUKHURI P.S. PALASHBARI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND