Prem Bahadur Biswakarma v. The State of Assam

ORDER Date : 17-10-2023

¶1Heard Mr. P Deka, learned counsel for the applicant and Mr. R J Baruah, learned Addl. PP, Assam appearing for the state respondent.

¶2This application under section 439 of the Code of Criminal Page No.# 2/4 Procedure, 1973 is preferred by accused, namely, Sri Prem Bahadur Biswakarma who is in jail hazot since 09.09.2023 in connection with Jalukbari PS Case No.523/2023 under sections 120(B) /447 / 147 /148 /149 /302/326 IPC.

¶3Case diary called for is received and the same is perused.

¶4Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. Investigation is almost over and the accused has been thoroughly interrogated by the investigating agency. There is no legal evidence against the present applicant to connect him with the alleged offence. The learned Counsel further submits that the applicant 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 applicant on bail.

¶5Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection.

¶6From the case diary it is seen that most of the witness specifically named one Amit Chetry, Arun Chetry, Krishna Thapa and Dhunu Basumatary, as the main culprit in committing the crime, inasmuch as the learned Addl. PP on instructions from the I/O submits that these persons are absconding and they are very influential person and there is a chance that they might influence the witnesses. Some of the witnesses also named Ramit Bh. Chetry, Rahul Deka and Dhireswar Brahma in the commission of the offence and beating the deceased. However, the present petitioner is not specifically named by the eye witnesses, though it is alleged that the group of accused Page No.# 3/4 consisted of 13 to 15 persons.

¶7Looking at the facts and circumstances of the case and on a perusal of the materials available on record, this court without commenting anything on the merits of the case is of the opinion that no further custodial interrogation/detention of the petitioner is required. Accordingly, the present application is allowed.

¶8It is directed that the applicant, above named, in connection with the aforementioned case be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the learned CJM, Kamrup (M), with the following conditions: I. The applicant shall not leave the territorial jurisdiction of the aforesaid police station without prior written permission from its officer in charge; II. The applicant shall not hamper with the investigation of the case and tamper with the evidence of the case; III. The applicant 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 them from disclosing such facts to the court or to any police officer.

¶9In terms of the above, this bail application stands disposed of.

¶10Send back the case diary.

Page No.# 4/4 JUDGE Comparing Assistant

Page No.# 1/4 GAHC010233412023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3744/2023 PREM BAHADUR BISWAKARMA S/O SRI NARA BAHADUR, BISWAKARMA RESIDENT OF MITHA AAMTOL, KANAKLATA PATH, MALIGAON, 781011, PS JALUKBARI, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR P DEKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY