Phanindra Kumar v. The State of Assam

ORDER

03.07.2024

¶1Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

¶2The present application filed under Section 439 of Page No.# 2/3 the Code of Criminal Procedure, 1973, is preferred by the accused, namely, Phanindra Kumar, who has been shown arrested on

24.06.2024 in connection with Bharalumukh P.S. Case No. 64/2024 under Section 120(B)/420/406/409/468/471 of the Indian Penal Code.

¶3The petitioner was also arrested in connection with Jalukbari P.S. Case No. 99/ 2024 and Latasil P.S. Case No. 30/2024. The petitioner has been granted bail in the aforesaid two cases by this Court.

¶4The learned Additional Public Prosecutor has produced the case diary.

¶5Perused the same.

¶6Considering the materials so far collected and also considering the period of detention, and the stage of investigation, this Court is of the view that no further custodial interrogation of the petitioner shall be necessary.

¶7Accordingly, it is directed that the petitioner, above-named, in connection with the aforementioned case be released on bail on his furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the learned Kamrup(M) with the following conditions.

(i) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(ii) The petitioner shall not repeat similar offence in future;

(iii) The petitioner shall not, directly or indirectly, make any Page No.# 3/3 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer,

(iv) The petitioner shall appear before the I/O on each and every date as and when called for.

¶8Bail application stands disposed of.

¶9Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010132942024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1929/2024 PHANINDRA KUMAR S/O LATE TORONI CH. KUMAR, RESIDENT OF MALIGAO, BORIPARA, NEAR KAMAKHYA STATION, PS JALUKBARI, GUWAHATI, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. N MAHAJAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY