Kundal Saikia v. The State of Assam

ORDER

18.09.2024

Heard Mr. S Biswas, learned counsel for the petitioner as well as Mr. R J Baruah, learned Additional Public Prosecutor, Assam. This is an application filed under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in favour of the petitioner, namely, Sri Kundal Saikia in connection with Tezpur P.S. Page No.# 2/2 Case No. 475/2024. Late Mahendra Barua purchased a plot of land in the year 2016 and accordingly, his name was mutated in the land record. Thereafter, he started construction of a building. At that time, when he obtained the certified copy of Jamabandi, he noticed that his name was deleted and in his place, the name of one Sri Pankaj Dhar Saikia @ Pankaj Saikia was inserted in the land records. It is alleged that the petitiner threatened late Mahendra Barua that he will be evicted from the said land. Unable to bear the shock, late Mahendra Barua, who was 62 years old at that time, had committed suicide. It has been submitted that the petitioner had also filed a civil suit against the Sri Pankaj Dhar Saikia @ Pankaj Saikia, late Mahendra Barua and others praying for decree in respect of the land purchased by late Mahendra Barua. I have considered the submission made by the learned counsel of both sides. Mr. Barua, learned Additional Public Prosecutor has objected to this bail application on the ground that the Post Mortem Report has not yet been received. On a plaint reading of the FIR, it is clear that there is no prima facie case for abetment of suicide by the present petitioner. Therefore, the bail application of the petitioner is allowed. Accordingly, the interim order dated 28.08.2024 is made absolute. Petitioner is directed to cooperate with the investigation as and when required. The bail application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010174442024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2255/2024 KUNDAL SAIKIA S/O NETRA SAIKIA R/O DIPOTA P.S. TEZPUR DIST. SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S BISWAS, MS D DEVI,MR. H BURAGOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA