Bhaskar Kutum v. The State of Assam

ORDER

06.09.2024

¶1Heard Mr. L. Gogoi, learned counsel for the petitioner Bhaskar Kutum.

¶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

11.08.2024 in connection with Gohpur P.S. Case No. 120/2024 under Sections Page No.# 2/3 61(2)/318(4)/305/317(2) of the BNSS.

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

¶4The allegation against the petitioner is that he was involved in transportation of liquor meant to be sold in Arunachal Pradesh. The petitioner has submitted that he is innocent and he is not complicit of smuggling liquor from a bonded warehouse of Arunachal Pradesh by unscrupulous elements to be sold in the black market.

¶5I have considered the submissions at the Bar. I have scrutinized the Case Diary.

¶6I have considered the length of detention. Investigation has progressed to a considerable extent. The petitioner has pledged to co-operate with the remaining part of the investigation and to abide by any stringent bail conditions, if imposed upon him.

¶7Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned SDJM,(M), Gohpur under the conditions that:

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

(ii) The petitioner shall co-operate with the remaining part of investigation, and

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3

¶8On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶9Send back the Case diary.

¶10In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010169032024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2499/2024 BHASKAR KUTUM S/O LATE GYANSON KUTUM, R/O SATRANG LALPANI, P.O. AND P.S.- GOHPUR, DIST- BISWANTH, ASSAM, PIN-784168 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND