Sourav Baidya and Anr v. State of Assam

ORDER

06.09.2024 Heard Mr S C Keyal, learned counsel for the petitioners, 1) Sourav Baidya and 2) Nitush Deb Barma, who have filed this application under Section 483 of the BNSS, Page No.# 2/3 2023, with prayer for bail as they are behind bars since 03.08.2024, in connection with Hatigaon PS Case No. 152/2024, under Section 303 (2) of the BNS, 2023.

¶2Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶3It is submitted on behalf of the petitioners that the petitioners have been behind bars since 16.07.2024, in connection with another case, and they were granted bail by this Court in connection with Hatigaon PS Case No. 156/2024, vide order dated 27.08.2024, passed in Bail Application No. 2422/2024, under the same sections of law, with the allegation of theft of motorcycle. The petitioners were forwarded as per the forwarding report dated 21.08.2024, which is marked as Annexure-A of the petition and arrested in connection with this case. The forwarding report depicts that the CCTV footage shows the two accused, namely, Rahul Amin and Phulchand Ali, and after arrest, both the accused have confessed that they have stolen the bike and later on sold the same.

¶4It is submitted the forwarding report itself exonerates the petitioners.

¶5It is further submitted on behalf of the petitioners that they have been arrested and shown arrested in connection with this case merely on suspicion as they have already been arrested in connection with the other case, i.e., Hatigaon PS Case No. 56/2024.

¶5I have considered the submissions at the Bar with circumspection.

¶6I have also considered the submission on behalf of the petitioners

¶7Considering all aspects and in view of my foregoing discussions, petition is Page No.# 3/3 allowed. The petitioners are enlarged on bail of Rs 30,000/- (Rupees Thirty Thousand Only) each, with one suitable surety each of the like amount to the satisfaction of the learned trial Court, under the conditions that:

(i) the petitioners shall refrain from such activities with which they are alleged,

ii) the petitioners shall not leave the jurisdiction of the Court, without prior permission, till completion of trial, and

iii) the petitioners shall not exercise threats to the witnesses or try to influence the witnesses.

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

¶8Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010183672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2682/2024 SOURAV BAIDYA AND ANR S/O KIRAN BAIDYA, R/O KALIBARI, ICHAMATI, P.S.-SHELLA, DIST-EAST KHASI HILLS 2: NITUSH DEV BARMA S/O SANJAY DEB BARMA R/O PATHARGHAT KALATEK P.S.-SHELLA DIST-EAST KHASI HILL VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S C KEYAL, K JAIN,P K KHAKHOLIA,MS. N KAKATI,M DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND