Bines Najiar v. The State of Assam

ORDER

23.10.2024

¶1Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner Bines Najiar.

¶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

12.07.2024 in connection with Hailakandi P.S. Case No. 32/2022 registered Page No.# 2/3 under Section 379 of the IPC read with Sections 11/13/17/40 of the UA(P) Act corresponding to GR Case No. 88/2022 and Special (UAPA) Case No. 01/2022.

¶3Heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that on 11.01.2022, on a secret information, the informant learnt that 1 unknown person has brought one loaded vehicle with coal and kept the same at Bandukmara garden area. A GD entry was registered as GDE NO. 143 dated 11.01.2022 relating to Bandukmara Outpost and investigation commenced. During the investigation, it has surfaced that the present petitioner is involved in this case, and charge-sheet has not been laid against the petitioner.

¶5Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the present petitioner that he is involved in an offence under the UAPA Act.

¶6Learned counsel for the petitioner has submitted that the petitioner is behind bars for 103 days. It is further submitted on behalf of the petitioner that the Public Prosecutor has not prayed for extension of detention of the petitioner beyond 90 days, and thus the petitioner is entitled to bail.

¶7I have considered the submissions at the Bar with circumspection.

¶8I have perused the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. I have considered the length of detention. Investigation has also progressed substantially. The petitioner has pledged to abide by any stringent bail conditions, if imposed upon him.

¶9Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a Page No.# 3/3 local surety of like amount to the satisfaction of the learned Jurisdictional Court 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 on every fortnight till completion of investigation, and

(iii) The petitioner shall not exercise threats to the witnesses and co-operate with the investigation. On breach of any of the bail conditions, bail order shall stand automatically cancelled.

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

Page No.# 1/3 GAHC010204432024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2999/2024 BINES NAJIAR S/O LATE YANG PAMKSANG, VILLAGE RATACHERRA, P.S. LALSHUOUNG, DISTRICT JAINTIA HILLS, STATE MEGHALAYA. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND