Ajib Porja v. The State of Assam

ORDER Date : 28-06-2024 Heard Mr. S. Dey, learned counsel for the petitioner, Ajib Porja.

¶2The petitioner has filed this application under Section 439 of Code of Criminal Procedure, 1973 (CrPC for short) with prayer for bail as he is behind bars since 06.05.2024 in connection with Biswanath Chariali Police Station Case Page No.# 2/3 No. 101/2024 registered under Section 306 of the Indian Penal Code, 1860 (IPC for short).

¶2Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the State of Assam. It is submitted by the learned Additional Public Prosecutor that there are incriminating materials in the Case Diary against the petitioner. The allegation against the petitioner is that he subjected the victim to cruelty and there were frequent quarrels between the petitioner and his deceased wife, which drove the victim to commit suicide.

¶3It is submitted on behalf of the petitioner that the petitioner is languishing in the jail for 54 (Fifty Four) days. The statutory period under Section 167 (2) of the CrPC is about to elapse but charge sheet has not been submitted and thus, the petitioner deserves bail.

¶4I have considered the submissions with circumspection. I have also scrutinized the Case Diary. Indeed there are incriminating materials against the petitioner in the Case Diary. I have also considered the length of detention. Charge sheet has not been submitted. However, investigation has progressed to a considerable extent.

¶5In view of my foregoing discussions, petition is allowed.

¶6The petitioner is 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, Biswanath Chariali.

¶7In the above terms, this Bail Application stands disposed of.

¶8Send back the Case Diary. JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010123052024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1777/2024 AJIB PORJA S/O LATE NARNU PARJA R/O VILL- BORPUKHURI SOLA LINE, P.S. BISWANATH CHARIALI DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SAURADEEP DEY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND