Bitu Kumar Nath, v. The State of Assam

ORDER

16.08.2024

¶1Heard learned counsel Mr. S. Ali for the petitioner Bitu Kumar Nath.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 01.08.2024 in connection with Noonmati Police Station Page No.# 2/3 Case No. 158/2024 under Section 303(2) of the BNS, 2023.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that he had committed theft of goat. It is submitted on behalf of the petitioner that a false case has been registered against him.

¶5I have also considered the submission that the petitioner is willing to co-operate with the investigation and is also willing to abide by any stringent bail conditions if imposed upon him. The petitioner is a local resident and he is not a flight risk.

¶6Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (M), under the conditions that:

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

(ii) The petitioner shall appear before the Investigating Officer every fortnight till completion of the investigation, and

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

¶7On breach of any of the bail conditions, bail order shall stand cancelled. Page No.# 3/3 JUDGE Comparing Assistant

Page No.# 1/3 GAHC010164562024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2423/2024 BITU KUMAR NATH, S/O SRI BIREN NATH RESIDENT OF NO. 2 MATHGHARIA VIDYALAYA PATH, PS NOONMATI, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR KUTUB ALI, MR D J DEKA,MD S ALI,MR M RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND