Joyram Deori v. The State of Assam

Order

20.09.2023

This is an application made under Section 439 Cr. P.C. seeking bail by the Page No.# 2/3 accused/petitioner, namely, Sri Joyram Deori, who was arrested on

30.08.2023 in connection with Chengchup Chariali PS Case No. 20/2023 being registered under Sections 366/376/511 of IPC. Heard Mr. W.R.Medhi, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam who produced the case diary. The petitioner was arrested on 30.08.2023 and he is behind bar for last 21 days. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Investigation is almost over and statement of accused has thoroughly been interrogated by the investigating agency. There is no legal evidence against the present petitioner to connect him with the alleged offence. The learned Counsel further submits that the petitioner is in custody since 30.08.2023 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the petitioner on bail. Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection. Looking to the facts and circumstances of the case and on a perusal of the material available on record and also the advance stage of investigation and period of detention, without commenting on the merits of the case, this Court is of the opinion that no further custodial interrogation/detention is required. Accordingly, the present application is allowed. It is directed that the petitioner, name above, be released on bail in connection with the case aforementioned, on his furnishing a personal bond in Page No.# 3/3 the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sadiya, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Sub Divisional Judicial Magistrate, Sadiya, without prior written permission from him;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) Shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office.

(d) Shall not try to contact with the victim by any means including electronic media and shall not go near the house of the victim In terms of the above, this bail application stands disposed of. Case diary returned back.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010198602023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3120/2023 JOYRAM DEORI S/O LT. TEMASON DEORI R/O UPPAR TAKAJAN GAON P.O. NATUN BALIJAN P.S. CHENGCHUP CHARIALI, DIST. TINSUKIA, ASSAM PIN CODE- 786158 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR W R MEDHI Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY