Narayan Roy and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010228722024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2921/2024o NARAYANoROYoANDoANR.o S/OoNIRMALoCHANDRAoROYo R/OoVILL-oPASHIMoKERURIoPT.IIo PS.oGOLAKGANJo PIN-o783334o DIST.oDHUBRI,oASSAM 2:oRAMESWARoROY oS/OoNIRMALoCHANDRAoROYo R/OoVILL-oPASCHIMoKARURIoPT.IIo P.S.oGOLAKGANJ oPIN-o783334 o DIST.oDHUBRI oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRS.oKoDEVI,oNoDEB,MSoSoAoKHALIFAo AdvocateoforotheoRespondento:oPP,oASSAM,oo ooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

13.11.2024

Heard the learned counsel Mrs. K. Devi appearing for the petitioners. I have also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the BNSS, 2023 in respect of PRC No.4309/2022 corresponding to Golakganj P.S. Case No.1273/2019.

¶3The petitioners have been charge sheeted in a Sessions triable case. The committing court issued summonses to them. Now, the petitioners apprehend that if they appear before the court of the learned Sub-Divisional Judicial Magistrate, Dhubri, they shall be remanded to custody since the said court does not have the jurisdiction to entertain their bail applications.

¶4Both the petitioners have submitted that they are interested in facing the trial

¶5I have considered the submissions made by the learned counsel of both sides.

¶6Since the petitioners are interested in facing the trial, they deserve to be given opportunities to face the trial. Therefore, their applications for bail are allowed.

¶7It is hereby directed that whenever the petitioners, namely- (1) Narayan Roy and

(2) Rameswar Roy appear before the court of the Sub-Divisional Judicial Magistrate, Dhubri in connection with PRC No.4309/2022, they shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dhubri. Page No.# 3/3 With the aforesaid direction, the application for bail is disposed of accordingly.

JUDGE Comparing Assistant