Bijendar Singh Alias Vijender and Anr v. The State of Assam

ORDER

23.07.2024

Heard Mr. I. Hoque, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused/petitioners, who have been languishing in jail hazot since 26.05.2024 in connection with Nagaon P.S. Case No.482/2024 (Corresponding to G.R. Case No.1113/2024) registered under Sections 365/325/34 of the Indian Penal Code. The Case Diary has been received and I have perused the same. The learned counsel for the petitioners, Mr. Hoque, submits that the accused/petitioners are innocent and they are not at all involved in the alleged offence. It is contended that petitioner No. 2 is not the FIR named person and being the relatives, they are actively searching for the victim girl. It is submitted that the victim is a major girl and may have eloped with her boyfriend. Therefore, their names have been falsely implicated by the informant solely with the intention to harass them. More so, the accused are behind the bar since

26.05.2024 and thus, the IO got ample opportunity to interrogate the petitioners keeping them in custody. Accordingly, it is submitted that the further custodial detention of the present accused/petitioners are not necessary and accordingly, prayed to allow the accused/petitioners to enlarge on bail; they are still ready to co-operate the IO in further investigation of the case, as and when Page No.# 3/4 their co-operation will be required, if the same is allowed. In this context, the learned Additional Public Prosecutor, Mr. Sharma, has submitted that based on the materials available in the Case Diary and the IO's notes, it is evident that the victim girl has not been recovered till date. Despite this, the petitioners have been in custody for the past 59 days. Therefore, considering the length of detention undergone by the accused/petitioners, they may be enlarged on bail. Considering the submissions of the learned counsels for both sides, as well as the submission made by the learned Additional Public Prosecutor, it appears that the charge-sheet cannot be submitted either today or tomorrow in the present case. Given that the accused/petitioners have already been detained for 59 days, I am of the opinion that the Investigating Officer (I.O.) has had sufficient opportunity to interrogate them while in custody. Therefore, further custodial interrogation of the accused/petitioners does not seem necessary in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with two sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon, the accused/petitioners, namely, 1. Sri Bijendar Singh @ Vejender and 2. Sri Rajesh Singh @ Rajesh, be enlarged on bail, subject to the following conditions:

(i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required;

(ii) that the petitioners shall not, directly or indirectly, make any Page No.# 4/4 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; and

(iii) that the petitioners shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Nagaon, without prior permission. In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010139702024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2044/2024o BIJENDARoSINGHoALIASoVIJENDERoANDoANRo S/O-oGORELALoSINGHo@GORELAL,o R/O-oDEVoNAGAR,oHANSIoROAD,oH.NO-651,oWARDoNO-31,o P.OoANDoP.S-oBHIWANI,o DIST-oBHIWANI,o HARYANA,o PIN-127021 2:oRAJESHoSINGHoALIASoRAJESH oS/O-oLATEoDHARAMoSINGH o R/O-oJEITOoMANDIoNEARoTIBBIoSAHIBoGURDWARA o P.O-oJEITU o P.S-oFARIDPUR oDIST-oFARIDPUR oPUNJAB oPIN-15120o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPPoASSAM AdvocateoforotheoPetitionerooooo:oMRoIoHOQUE AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA