Bishal Baraik @ Bishal Boraik v. The State of Assam

ORDER

02.08.2024

¶1Heard learned counsel Mr. B. Borgohain for the petitioner Bishal Baraik.

¶2This application has been filed by the petitioner under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 19.05.2024 in Page No.# 2/3 connection with Boginodi P.S. Case No. 13/2024 corresponding to GR Case No. 310/2024 under Sections 365/370(4)/34 of the IPC.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The Petitioner has prayed for bail on the ground that the co-accused Mutalim Ali and Biri Yakap have already been enlarged on bail vide order of this Court dated 28.06.2024 in connection with B.A. No. 1754/2024, and vide order dated 22.07.2024 in connection with B.A. No. 2012/2024. The orders of this Court are marked as Annexure-4 and 5 of the petition.

¶5The FIR unfolds that on 30.04.2024, at about 12:30 p.m., the informant's mother and her 12 year old daughter went to meet the informant's sister who was admitted at Chaboti Hospital. While waiting for the vehicle at tempo stand, 2 persons came in a car and asked the informant's mother whether she is willing to take a lift. The miscreants instead of taking the informant's mother and daughter to Chaboti Hospital, took them to Arunachal Pradesh. They dropped the informant's mother at Upper Jumi under Kimin Police Station and kidnapped the informant's daughter. The informant's mother was later recovered.

¶6It is submitted on behalf of the petitioner that the informant's daughter had also been recovered.

¶7I have also considered the submission that the petitioner is willing to co-operate with the remaining part of the investigation. The petitioner is a local resident and he is not a flight risk. Page No.# 3/3

¶8The petitioner is willing to abide by any stringent bail conditions, if imposed upon him.

¶9Considering all aspects and in view of my foregoing discussions, Petition is allowed. The petitioner is enlarged on bail of Rs. 30,000/- (Rupees thirty thousand), with a suitable surety of like amount to the satisfaction of the Elaka Magistrate under the conditions that:

(i) the petitioner shall refrain from such activities with which he is alleged, and

(ii) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶10On breach of any of the bail conditions, bail order shall stand cancelled. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010152142024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2237/2024 BISHAL BARAIK @ BISHAL BORAIK S/O GANESH BARAIK, VILL- CHINATOLIA BAGAN PURONA LINE, P.O.- KAKOI RAJGARH, P.S.-BOGINODI, PIN-787051, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B BORGOHAIN, MR B SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND