Roshan Singh and Anr v. The State of Assam

ORDER

16.07.2024

¶1Heard learned counsel Ms. Purabi Deka for the petitioners namely, (i) Roshan Singh and (ii) Chandan Bhagawat.

¶2This application has been filed by the petitioner under Section 439 of the Cr.PC with prayer for bail as they are behind bars since 150 days in connection with Sessions case No. 54/2024 arising out of Bharalumukh P.S. Case No. 25/2024 under Sections 498(A)/326/307/34 of the IPC.

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

¶4Learned Additional Public Prosecutor has submitted that Charge-sheet has been laid against the petitioners. The petitioners are not entitled to bail as the victim may be threatened, if they are at large. The victim who is the wife of petitioner No. 1 and sister of petitioner No. 2 has sustained grievous injuries as she was allegedly set ablaze by the petitioners. It is indeed a case under Section 307 of the IPC along with Section 326 of the IPC.

¶5I have considered the submissions at the Bar with circumspection.

¶6I have also considered the submissions on behalf of the petitioners that they are willing to co-operate with the remaining part of the trial.

¶7They have pledged to appear regularly and not jump the bail. It is further Page No.# 3/3 submitted that they are local residents and not flight risks. The petitioner No. 1 is the sole bread winner of his family.

¶8It is further submitted that if the petitioners are at large, the trial may not be affected as the petitioners have pledged to co-operate with the trial.

¶9I have also perused the scanned copies of the Trial Court Records as well as the scanned copies of the Case Diary.

¶10Considering all aspects and in view of my foregoing discussions, Petition is allowed. The petitioners are enlarged on bail of Rs 50,000/- each (Rupees fifty thousand), with a suitable surety of like amount to the satisfaction of the learned Trial Court.

¶11The Trial Court may impose conditions to secure the attendance of the petitioners during the trial. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010105122024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1512/2024o ROSHANoSINGHoANDoANRo S/OoLATEoABDESHoSINGH,o PERMANENToRESIDENToOFoLARANoSINGHIRA,oWARDoNO.o6,oPSoSINGHIRA, DISToSAMASTIPUR,oBIHARo,o PRESENTLYoRESIDENToOFoHOUSEoNO.o41,oTENToHOUSEoGALI,oSANTIPUR,o POoANDoPSoBHARALUMUKH,oDISToKAMRUPoMoASSAMo781009 2:oCHANDANoBHAGAWAT oS/OoLATEoNAGESWARoBHAGWAR o PERMANENToRESIDENToOFoMURAPURoPATTY oSISHUWA oPSoBUNURAJ oDISToMUZZAFARPUR oBIHAR o PRESENTLYoRESIDENToOFoC/OoPUTULoDEV.o SENAPATTYoCOLONY oSILPUKHURIo oPSoCHANDMARIoPOoSILPUKHURI oDISToKAMRUPoMoASSAMo78100o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoPPoASSAM AdvocateoforotheoPetitionerooooo:oMR.oToNoDASo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND