Himangshu Kuli and 3 Ors v. The State of Assam

ORDER Date : 28-08-2023 Heard Mr. U Dutta, learned counsel for the applicants and Mr. K.K. Parashar, learned Addl. PP, Assam appearing for the state respondent. This application under section 439 of the Code of Criminal Procedure, 1973 is preferred by accused, namely, 1. Sri Himangshu Kuli, 2. Sri Chandra Kuli, 3. Sri Twinkle @ Tinkul Kuli & 4. Sri Giridhar Kuli, who was arrested on 28.06.2023 in connection with Silapathar PS Case No.124/2023 under section 302/34 IPC for grant of bail. The applicants were arrested on 28.06.2023 and they are behind the bars since then. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this Page No.# 3/4 case. Investigation is almost over and statements of accused have thoroughly been interrogated by the investigating agency. There is no legal evidence against the present applicants to connect them with the alleged offence. The learned Counsel further submits that the applicants are in custody since 28.06.2023 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicants on bail. Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection. Looking at the facts and circumstances of the case and on a perusal of the materials available on record and also the advance stage of investigation and period of detention, this court without commenting anything on the merits of the case is of the opinion that no further custodial interrogation/detention is required. Accordingly, the present application is allowed. It is directed that the applicants, above named, in connection with the aforementioned case be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- each (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the learned CJM, Dhemaji with the following conditions: I. The applicants shall appear before the officer in charge of the concerned PS within 10 (ten) days from today. II. The applicants shall not leave the territorial jurisdiction of the aforesaid police station without prior written permission from its officer in charge; III. The applicants shall not hamper with the Page No.# 4/4 investigation of the case and tamper with the evidence of the case; IV. The applicants shall not directly or indirectly, make any 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. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010156942023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2656/2023o HIMANGSHUoKULIoANDo3oORSo S/OoANILoKULIo R/OoVILL-oAMGURIo KULIoGAON,o P.S.oSILAPATHARo DIST.oDHEMAJI,oASSAMo PIN-787110 2:oSRIoCHANDRAoKULI oS/OoLATEoLILAoKULIo R/OoVILL-oAMGURIo KULIoGAON o P.S.oSILAPATHARo DIST.oDHEMAJI oASSAMo PIN-787110 3:oSRIoTWINKLEo@oTINKULoKULI oS/OoLATEoKANAKoKULIo R/OoVILL-oAMGURIo KULIoGAON o P.S.oSILAPATHARo DIST.oDHEMAJI oASSAMo PIN-787110 4:oSRIoGIRIDHARoKULI oS/OoSARBESWARoKULIo R/OoVILL-oAMGURIo KULIoGAON o P.S.oSILAPATHARo Page No.# 2/4 DIST. DHEMAJI ASSAM PIN-78711 VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR. U DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY