Ram Kumar Bin v. The State of Assam

ORDER

09.09.2024

¶1Heard Mr. D. C. Nath, learned counsel for the petitioner Ram Kumar Bin.

¶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

28.05.2024 in connection with Session Case No. 117/2024 arising out of Gohpur Page No.# 2/3 P.S. Case No. 72/2024 registered under Section 371 of the IPC.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is submitted on behalf of the petitioner that the petitioner and the victim had a love affair and the victim went with the petitioner on her own volition. It is submitted that the petitioner is highly prejudiced for his prolonged incarceration.

¶5I have considered the submission that the petitioner is willing to co-operate with the trial and he is willing to abide by any stringent bail conditions if, imposed upon him. I have scrutinized the Trial Court Records and the statements of the victim.

¶6Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a local surety of like amount to the satisfaction of the learned Trial Court under the conditions that:

(i) The petitioner shall co-operate with the trial,

(ii) The petitioner shall not jump the bail, and

(iii) The petitioner shall not exercise threats to the witnesses.

¶7On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶8In terms of the above observation, bail application stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010168742024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2509/2024 RAM KUMAR BIN S/O ARUN BIN, VILL- DIVISION NO. 6, DEWAN BAGAN, P.S.-LAKHIPUR, DIST- CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D C NATH, MR. M MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND