Sanju Gaur and 2 Ors v. The State of Assam

ORDER Date : 13.09.2023

Heard Mr. A.I. Uddin, learned counsel for the accused petitioners. Also heard Mr. D. P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent. Page No.# 2/4 By this petition under Section 439 Cr.P.C., the accused petitioners, namely, 1) Sanju Gaur 2) Dipak Gaur 3) Lalu Gaur, have prayed for grant of bail in connection with Sessions Special Case No.02/2020 pending in the Court of learned Special Judge, Karbi Anglong, Diphu (corresponding to G.R. Case No.349/2020) arising out of Dokmoka P.S. Case No.32/2020 registered under Sections 120B/143/341/354/323/302/201 of the IPC read with Section 5 of the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015. The allegation made in the FIR is that on 30.09.2020 at about 8 p.m., the funeral ceremony of the granddaughter of the Gaonbura of Village Rohimapur was going where a large number of people were present. At about 8.30 p.m., one Jonali Gaur, the niece of the Gaonbura fell down on the ground raising alarm while she was grooming the courtyard of the house. At that time, the village Pujari, Mansing Gaur clutched her with a fishing net and asked as to who has sent her to the village and she loudly mentioned the name of the informant's mother and one Bijay Gaur and told that they will destroy the whole village by sending 'witch' and kill everyone in the village. Some persons of the village being armed with lathi, wooden piece, stone and dao etc. assembled and dragged the informant's mother from her house to the house of one Kailash Gaur and thereafter cut their neck. When the informant tried to rescue them, one Dipak, Nagamise and Rajib Gowala attempted to outrage her modesty and that of her elder sister, but somehow they fled away. Thereafter, the accused persons tied the informant's mother and Bijay Gaur with a bamboo and burnt them down at Rohimapur cremation ground. It is noticed that the accused petitioners have been in judicial custody since October, 2020. Page No.# 3/4 A perusal of the averments made in the petition, it is revealed that there is a list of 42 prosecution witnesses in the charge-sheet and the learned Trial Court has examined twenty five number of P.Ws till date. Having heard the learned counsel of both sides and considering the fact that the similarly situated co-accused persons have already been granted bail by this Court, vide order, dated 25.08.2023, passed in Bail Appln. No. 2579/2023, this Court is of the considered opinion that further continuation of detention for the purpose of remaining part of trial of the case may not be required. Accordingly, it is provided that each of the accused petitioners, named above, shall be released on bail of Rs.40,000/-with two sureties of like amount to the satisfaction of the learned Special Judge, Karbi Anglong at Diphu subject to the following conditions-

i) That the accused petitioners shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of;

ii) That the accused petitioners shall not directly or indirectly make any inducement, threat or promise to the remaining prosecution witnesses, who are acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court; and

iii) That out of the two sureties, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents retaining legible scanned copy thereof on record for future reference. Breach of any of the above conditions shall render cancellation of the bail Page No.# 4/4 in accordance with law. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010204772023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3204/2023 SANJU GAUR AND 2 ORS S/O DHANSING GAUR R/O VILL. RAHIMAPUR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 2: DIPAK GAUR S/O LT. DHANU GAUR R/O VILL. RAHIMAPUR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 3: LALU GAUR S/O LT. DHANU GAUR R/O VILL. RAHIMAPUR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 78244 VERSUS THE STATE OF ASSAM REP BY THE PP,ASSAM Advocate for the Petitioner : ALHAJJ I UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR