Bipul Deori v. The State of Assam

ORDER

02.09.2024

Heard Mr. B. Phukan, learned counsel appearing for the accused petitioner as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioner, namely, Bipul Deori, has prayed for grant of bail in connection with Ghiladhari

P.S.

Case

No.02/2024 under

Sections 303(2)/318(4)/3(5)/317(4) of BNS, 2023 read with Section 53(1)(a) of Page No.# 2/3 the Assam Excise (Amendment) Act. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of a liquor shop having valid license. He purchased the seized bottles of wine and it is suspected that the said seized wine was supposed to deliver in the State of Nagaland. It is also submitted that the accused petitioner has been languishing in judicial custody for last 46 days since his arrest on 18.07.2024 and the other co-accused has already been enlarged on bail by the trial court. Considering the length of detention, prayer for bail may be considered. Mr. Sarma, learned Additional Public Prosecutor has produced the case diary and submitted that length of detention may be considered. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Golaghat. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Golaghat without prior written permission from him/her;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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 him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Page No.# 3/3 Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010161162024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2395/2024 BIPUL DEORI S/O LATE NILAMONI DEORI, R/O UPPER DEORI GAON, P.S.- PULIBOR, DIST- JORHAT, ASSAM, PIN-785001 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B PHUKAN, MR. P K GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI