Suresh Rajbhar v. The State of Assam

ORDER Date : 25-06-2024 Heard Mr. M.Z. Shah, learned counsel for the petitioner Sri Suresh Rajbhar, who has filed this application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as he is behind bars since 08.06.2024 in connection with Kheroni Police Station Case No. 30/2024 under Sections Page No.# 2/3 294/448/354/326/323 of the Indian Penal Code, 1860.

¶2Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that on 05.06.2024 at about 8:00 PM, he entered into the informant's house and inflicted a sharp cut on the hand of his daughter. Thereafter, the petitioner wielding a dao started chasing the other family members.

¶4The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner. The injury report of the victim has not been forwarded along with the Case Diary.

¶5I have perused the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. Injury report has not been forwarded but the picture of the injury clearly reveals a deep slash on the victim's hand, which appears to be a grievous injury caused by a sharp weapon. I have also considered the period of detention and the progress of investigation. It appears that further custodial detention may not be required for the progress of investigation. Investigation has progressed to a considerable extent. The petitioner is willing to abide by any stringent bail conditions if imposed upon him. The petitioner is a local resident and he is not a flight risk. He has pledged to cooperate with the remaining part of the investigation.

¶6Considering all aspects and in view of my foregoing discussion, petition is allowed.

¶7The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, West Karbi Anglong, Page No.# 3/3 Hamren under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall not exercise threats to the witnesses or try to influence them.

(iii) The petitioner shall not leave the jurisdiction of the jurisdictional Court without prior permission.

¶8On breach of any of the bail conditions, bail order shall stand cancelled.

¶9In the above terms, this Bail Application stands disposed of.

¶10Send back the Case Diary, JUDGE Comparing Assistant

Page No.# 1/3 GAHC010122762024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1774/2024 SURESH RAJBHAR S/O LATE RAMSHAKAL RAJBHAR, RESIDENT OF VILLAGE 4 NO. NAWAIBIL, PO AND PS KHERONI, DIST WEST KARBI ANGLONG, ASSAM 782446 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR M Z SHAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND