Bhaskar Jyoti Chetia v. The State of Assam

ORDER

09.09.2024

¶1Heard Mr. N. Mili, learned counsel for the petitioner Bhaskar Jyoti Chetia.

¶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

08.08.2024 in connection with Bhangagarh P.S. Case No. 112/2024 registered Page No.# 2/3 under Section 305(a) of the BNSS.

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

¶4It is submitted on behalf of the petitioner that although this is a theft case relating to theft of tablets from the store of the GMCH, yet nothing has been recovered from the possession of the petitioner.

¶5I have considered the submission that further custodial detention may not be required for the progress of investigation. The petitioner has pledged to co-operate with the investigation and he is willing to abide by any stringent bail conditions if, imposed upon him.

¶6Considering 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 Elaka Magistrate 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 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 automatically cancelled.

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

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010176152024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2574/2024 BHASKAR JYOTI CHETIA S/O LATE DILIP CHETIA, RESIDENT OF HOUSE NO. 11, B/L 11, BAIKUNTHA PATH, PS PALTAN BAZAR, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. JITU SAIKIA, M S BAISHYA,MR N MILI,MR. R CHETRI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND