Motilal Mandal v. The State of Assam

ORDER Date : 20.08.2024 These two matters are taken up together, as they have arisen out of the same FIR. Heard Mr. A. M. Ahmed, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.

¶2One application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for granting bail to the petitioner Motilal Mondal, who was arrested in connection with Khetri P.S. Case No.111/2024.

¶3The other application has been filed under Section 482 of the Bharatiya Nagarik Page No.# 3/3 Suraksha Sanhita (BNSS), 2023 praying for grant of pre-arrest bail to the petitioners in respect of Khetri P.S. Case No.111/2024.

¶4The deceased Dilip Mondal was a habitual drunker. On 14.07.2024 he along with his wife went to his father-in-law's house. He had a quarrel there. During the quarrel, Motilal Mondal hit the deceased on his head, as a result of which he died.

¶5Today I have considered the Postmortem report also.

¶6Considering the contents of the Case Diary, this Court is of the opinion that there are incriminating materials against the petitioner (in Bail Appln No.2219/2024) Motilal Mondal, therefore his bail application is rejected.

¶7However, the Case Diary does not have sufficient incriminating materials against the petitioners, namely, (1). Pranati Mandal, (2). Sri. Dhana Kanta Mandal @ Babu Ram Mandal,

(3). Sanjiban Mandal, (4). Shyamlal Mandal and (5). Gunamoni Mandal. They do not deserve to be detained in custody.

¶8Their pre-arrest bail application is allowed.

¶9It is hereby directed that in the event of arrest in connection with Khetri P.S. Case No.111/2024 the petitioners (in AB/2133/2024), namely, (1). Pranati Mandal, (2). Sri. Dhana Kanta Mandal @ Babu Ram Mandal, (3). Sanjiban Mandal, (4). Shyamlal Mandal and (5). Gunamoni Mandal shall be released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the arresting Authority.

¶10The petitioners shall co-operate with the Police Investigating Officer as and when required.

¶11Both the bail applications are disposed of accordingly.

¶12Case Diary shall be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010150322024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2219/2024 MOTILAL MANDAL S/O LATE SITANATH MANDAL, VILL- 1 NO. OUJARI, P.S.-KHETRI, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M AHMED, P. GHOSH Advocate for the Respondent : PP, ASSAM, Linked Case : AB/2133/2024 PRANATI MANDAL AND 4 ORS S/O LATE DILIP MANDAL VILL- 1 NO. OUJARI P.S.-KHETRI DIST- KAMRUP (M) ASSAM 2: DHANA KANTA MANDAL @ BABU RAM MANDAL S/O HARI MOHAN MANDAL VILL- 1 NO. OUJAR P.S.-KHETRI DIST- KAMRUP (M) ASSAM 3: SANJIBAN MANDAL S/O SHYAMAL MANDAL VILL- 1 NO. OUJAR Page No.# 2/3 P.S.-KHETRI DIST- KAMRUP (M) ASSAM 4: SHYAMLAL MANDAL S/O SITANATH MANDAL VILL- 1 NO. OUJAR P.S.-KHETRI DIST- KAMRUP (M) ASSAM 5: GUNAMONI MANDAL W/O SHYAMLAL MANDAL VILL- 1 NO. OUJAR P.S.-KHETRI DIST- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. A M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA