Prashanta Das and Anr v. The State of Assam

ORDER Date : 19.08.2024 Heard Mr. S. Ahmed, the learned counsel appearing for the petitioners as well as Mr. K.K. Parasar, the learned Additional P.P. for the State of Assam.

¶2This is an application under Section 438 of the Cr.P.C. in respect of Nagaon P.S. Case No.1304/2022.

¶3On the night of 08.11.2022, at about 9.30 PM, Kalyan Jyoti Saikia had a quarrel with some persons in a Raash Utsav. After that, when he was returning home, the present petitioners alongwith one Monoj Bordoloi hit him with a motorcycle and scooter. Thereafter, he was badly beaten up, as a result of which, Kalyan Jyoti Saikia died in the hospital next morning.

¶4Both the petitioners have appeared before the Investigating Officer pursuant to the interim bail granted by this Court. They have denied their involvement before the Investigating Officer, but the case diary contains incriminating materials against them. Therefore, their custodial interrogation is necessary.

¶5Therefore, the present bail application stands dismissed.

¶6The interim order passed earlier stands vacated. The bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010128992024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1680/2024o PRASHANTAoDASoANDoANRo S/OoNILAoKANTAoDAS,oR/OoVILL-oMATAKGAON,oNEARoSHIVoMANDIR,oP.O.- SENCHUOWA,oP.S.-NAGAON,oDIST-oNAGAON,oASSAM,oPIN-782002 2:oSAMPAKoKAKATI oS/OoBIPULoKAKATI oR/OoIRRIGATIONoCOLONY oDIPHU oP.O.-DIPHU oP.S.-DIPHU oDIST-oKARBIoANGLONG oASSAM oPIN-78246o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oSoAHMED,oMSoAoHUSSAIN,MR.oMoIoHUDAo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA