Rohit Sonar v. The State of Assam

Order

09.10.2023

This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Sri Rohit Sonar, who was arrested on 09.09.2023 in connection with Jalukbari PS Case No. 523/2023 being registered under Page No.# 2/3 Sections 120(B)/447/146/147/148/302/326 of IPC. Heard Mr. B. Borah, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam who produced the case diary along with the report. The petitioner was arrested on 09.09.2023 and he is behind bar for last 31 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 the 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 09.09.2023 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. Perused the case diary. Also perused the statement of the witnesses recorded under Section 161 of Cr.P.C., as well as under Section 164 of Cr.P.C. The eye witness has not specifically implicated the present petitioner in commission of the offence. Considering the above 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 Page No.# 3/3 connection with the case aforementioned, on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M), 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. In terms of the above, this bail application stands disposed of. Case diary is returned back.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010221742023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3502/2023 ROHIT SONAR S/O DILIP SONAR R/O MITHA AAMTOL KANAKLATA PATH MALIGAON PIN 781011 PS. JALUKBARI DIST. KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP .BY THE PP, ASSAM Advocate for the Petitioner : MR P DEKA Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY