Levan Kashyap v. The State of Assam

ORDER Date : 28.06.2024 Heard Ms. N. Deka, learned counsel for the petitioner. The petitioner, namely, Levan Kashyap has filed this application under Section 438 Cr.P.C. with prayer for pre-arrest bail apprehending his arrest in connection with Tengakhat Police Station Case No. 36/2024 registered under Sections 447/427/326 of the IPC. Heard Mr. D.P. Goswami, learned Addl. P.P., Assam for the State respondent. Page No.# 2/2 The FIR unfolds that on 16.05.2024 while the informants son was repairing the boundary fence of their house, suddenly the petitioner came with sharp knife and started cutting the bamboo fence, and attacked the informant's son Emanual Hassastopshim causing grievous injury on his head. The learned Addl. P.P. has raised objection against the bail petition. Ms. N. Deka, the learned counsel for the petitioner submits that there is land dispute between both the families of the informant and the petitioner. It is also stated that the informant tried to encroach the land of the accused petitioner. The learned counsel for the petitioner submits that from the injury report it appears that the victim has sustained simple injury caused by blunt weapon. I have considered the submission of the learned counsel for the petitioner that there was a scuffle between both the sides and the informant's son sustained simple injuries. It is also stated that the petitioner is ready to cooperate with the investigation. Considering the submissions of the learned counsel appearing for both the parties and considering all aspects of the matter the prayer for pre-arrest bail is allowed. In view of the above, it is provided that in the event of arrest of petitioner, named above, in connection with Tengakhat Police Station Case No. 36/2024 registered under Sections 447/427/326 of the IPC, he shall be enlarged on bail of Rs. 30,000/- (Rupees thirty thousand) with one surety of the like amount to the satisfaction of the arresting authority subject to the following conditions :

¶1The petitioner shall appear before the I.O. within 7 (Seven) days and cooperate with the investigation;

¶2The petitioner shall not tamper with the evidence ; and

¶3The petitioner shall refrain from such activities with which they are alleged.

¶4on breach of any of the above bail conditions, the bail order shall stand cancelled. Send back the Case diary. The bail application is disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010121072024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1584/2024 LEVAN KASHYAP S/O SRI JOSEPH KASYAP R/O VILL- KATHALONI P.O. TENGAKHAT, P.S. TENGAKHAT DIST. DIBRUGARH, ASSAM PIN-786103 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND