Suresh Singh and 4 Ors v. The State of Assam

ORDER

03.10.2024

¶1Heard Mrs. R. Rongmei, learned counsel for the petitioners namely, (i) Suresh Singh, (ii) Raj Yadav, (iii) Mukesh Yadav, (iv) Anish Yadav, and (v) Sarban Saha.

¶2The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 04.09.2024 in connection with Silchar P.S. Case No. 613/2024 registered under Sections 304(2) of the BNSS.

¶3Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioners is that they have snatched away a bag containing Rs. 20,000/- from the informant.

¶5Learned Additional Public Prosecutor has raised serious objection stating that Case Diary is necessary to consider the bail petition of the petitioner. It is also submitted that the petitioners are not local residents and they are from Bihar, and there is every possibility that the petitioners will flee from justice.

¶6I have considered the submissions at the Bar. The petitioners have been behind bars since 30 days. It appears that further custodial detention may not Page No.# 3/3 be required for the further progress of investigation.

¶7Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a local surety of like amount to the satisfaction of the learned CJM, Cachar, Silchar under the condition that:

(i) The petitioners shall refrain from such activities with which they are alleged. On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶8In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010206412024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3039/2024o SURESHoSINGHoANDo4oORSo S/OoLAKHANoSINGH,oR/OoCHORIoPATTY,oP.S.oANDoDIST.oKISHANGANJ,o BIHAR 2:oRAJoYADAV oS/OoROSELLAoYADAV oR/OoCHORIoPATTY oP.S.oANDoDIST.oKISHANGANJ oBIHAR 3:oMUKESHoYADAV oS/OoLATEoNIRUoYADAV oR/OoCHORIoPATTY oP.S.oANDoDIST.oKISHANGANJ oBIHAR 4:oANISHoYADAV oS/OoJAGGUoYADAV oR/OoCHORIoPATTY oP.S.oANDoDIST.oKISHANGANJ oBIHAR 5:oSARBANoSAHA oS/OoSURESHoSAHA oR/OoCHORIoPATTY oP.S.oANDoDIST.oKISHANGANJ oBIHAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM Page No.# 2/3 Advocate for the Petitioner : MRS. R RONGMEI, MS. J GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND