Kukha Kutum v. The State of Assam

ORDER

18.06.2024

Heard Mr. K. Thakur, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Kukha Kutum, who was arrested on 05.05.2024 in connection with Pulibor P.S. Case No. 60/2024 registered under Section 380/34 of IPC. Case diary is received. Perused the same. The petitioner was arrested on 05.05.2024 and since then, he is in custody for last 45 days. The offences alleged are under Section 380/34 of IPC. The co-accused has already been granted anticipatory bail by this Court under its order dated

28.05.2024 passed in AB No. 1362/2024. The material so far collected by the investigating officer, it is revealed that the petitioner has thoroughly been interrogated and co-operated with the investigation. Considering the stage of investigation as well as the period of detention, this Court is of the view that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Jorhat, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Jorhat, without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) Shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office. Page No.# 3/3 In terms of the above, this bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010108542024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1590/2024 KUKHA KUTUM S/O MONTAN KUTUM R/O RANDHANIJAN (MISSING GAON) P.O. MALOW PATHAR P.S. PULIBOR DIST. JORHAT, 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 MR. JUSTICE ARUN DEV CHOUDHURY