Thoniblear Basumataary v. The State of Assam

ORDER Date : 09.09.2024 Heard Mr. K. Boruah, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.

¶2By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Thoniblear Basumatary, has prayed for bail in connection with Gossaigaon P.S. Case No. 114/2024 under Section Page No.# 2/3 303(2)/317(2) of BNS, 2023 r/w Section 13(1) of Assam Cattle Preservation Act, 2021.

¶3It has been submitted by the learned counsel for the petitioner that the petitioner was arrested on 22.07.2024 and since then he has been detained in custody. It is also submitted that the petitioner is the owner of the vehicle from which five numbers of cattle were recovered and he has no knowledge regarding such transportation. It is further submitted that the petitioner is no way involved in the alleged incident and he was arrested only on suspicion. Considering the length of detention, the petitioner may be enlarged on bail.

¶4Mr. Goswami, learned Additional Public Prosecutor for the State has produced the case diary and submits that considering the nature of offence as well as period of detention, bail may be considered.

¶5I have considered the submissions made by the parties. I have also perused the case diary.

¶6Considering the background of the case as well as length of detention of the petitioner, this Court is inclined to grant bail to the petitioner.

¶7Accordingly, the petitioner, named above, shall be released on bail in connection with Gossaigaon P.S. Case No. 114/2024 under Section 303(2)/317(2) of BNS, 2023 r/w Section 13(1) of Assam Cattle Preservation Act, 2021, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned SDJM(M), Gossaigaon, Assam.

¶8The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned SDJM(M), Gossaigaon, Assam without prior written permission from him/her; Page No.# 3/3

(b) 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;

(c) shall not hamper with the investigation, or tamper with the evidence of the case.

¶9In view of the above, the bail application stands disposed of.

¶10Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010164692024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2449/2024 THONIBLEAR BASUMATAARY S/O MANTU BASUMATARY, R/O NO. 2 SRIRAMPUR, P.S.-GOSSAIGAON, DIST- KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI