Ghana Kanta Doley @ Ghana Doley v. The State of Assam

ORDER Date : 30.08.2024 Heard Mr. S. K. Singha, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023 whereby the petitioner Ghana Kanta Doley @ Ghana Doley, who is facing trial in connection with Sessions Case No.44(NL)/2024 pending in the Court of the learned Additional Sessions Judge (FTC),Lakhimpur, North Lakhimpur. The Charge-sheet was filed under Section 448/376 of the Indian Penal Code. Page No.# 2/2

¶3The victim lady has shown an affidavit stating that the petitioner is her relative and there is a land dispute existing between both the families. She has further stated that the FIR was lodged because of misunderstanding of facts and also on influence of other people.

¶4The LCR shows that no witnesses are yet to be examined.

¶5Considering the aforesaid circumstances, this Court is of the opinion that the petitioner no longer deserves to be detained in custody, at this stage his bail application is allowed.

¶7It is hereby directed that the petitioner Ghana Kanta Doley @ Ghana Doley, shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge (FTC),Lakhimpur, North Lakhimpur.

¶8With the aforesaid direction, the bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010153192024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2252/2024 GHANA KANTA DOLEY @ GHANA DOLEY S/O SRI BIROP DOLEY, R/O VILL AND P.O.-NA-ALI, P.S.-PANIGAON, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S K SINGHA, MR. M K NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA