Pranab Borah v. The State of Assam

ORDER Date : 13.08.2024 This is a common order for these two bail applications as both the bail applications have arisen out of the same FIR.

¶2Heard Mr. L. Gogoi, the learned counsel appearing for the petitioners. Also heard Mr.K.K. Parasar, the learned Additional P.P. for the State of Assam.

¶3Mr. Parasar has submitted that the case diary has not been received.

¶4Mr. Gogoi has pointed out that the petitioners have already completed 30 days of detention in custody.

¶5Considering the aforesaid two factors and also the contents of the FIR, this Court had decided to consider the bail applications without going through the case diary.

¶6The case against the petitioners is that as a person Rijul Orang had visited their house on the day of occurrence.

¶7Rijul Orang has stated in the FIR that the petitioners had asked an amount of Rs. 8,000/- from him and he had gone to their house to return their money. The informant has alleged that when he reached the house of the petitioners, he was badly beaten up by the petitioners with sticks and other things.

¶8Mr. Gogoi has submitted that the actual reason for the aforesaid incident is that the Page No.# 3/3 informant used to send obscene messages to the wife of the petitioner Pranab Borah and for that matter, all of them had beaten up the informant.

¶9Considering the nature of offence and also considering the period of detention of the petitioners in custody, the petitioners do not deserve to be detained in custody for any further period of time.

¶10The bail applications are allowed.

¶11Accordingly, the petitioners, namely, Mrs. Santana Phukan and Pranab Borah, who were arrested in connection with Gohpur P.S. Case No. 100/2024, shall be released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the learned S.D.J.M. (M), Gohpur.

¶12The bail applications stand disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010156232024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2289/2024 MRS. SANTANA PHUKAN W/O SRI BHRIGU PHUKAN, R/O KALABARI, P.S.-GOHPUR, DIST- BISWANATH, ASSAM, PIN-784178 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2288/2024 PRANAB BORAH S/O SRI GOLOK BORAH R/O JORABARI P.S.-NARAYANPUR DIST- LAKHIMPUR ASSAM PIN-784164 VERSUS Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. L GOGOI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA