Sri Karuna Rajbongshi v. The State of Assam

ORDER Date : 02.12.2024 Heard Mr. K.D. Sharma, learned counsel appearing for the petitioner as well as Mr. D. Das, learned Additional Public Prosecutor for the state of Assam.

¶2This is an application under Section 483 of the BNSS, 2023, whereby the petitioner, Karuna Rajbongshi has prayed to release him on bail, after he was Page No.# 2/2 arrested in connection of Dispur P.S. Case No. 1063/2024.

¶3On 01.10.2024 at about 9 PM, the deceased Keshab Baishya was bringing his rickshaw towards his home. He met the present petitioner and another person. The trio decided to consume more liquor. The deceased was already drunk. Therefore, the petitioner and the other person left the deceased at a particular place and went to bring more liquor. When the petitioner and the other person returned, they found that Keshab Baishya was lying dead at the aforesaid spot bleeding with injuries on his head injuries.

¶4Mr. Das has submitted that viscera of the deceased was sent to FSL and the report of the FSL would be necessary.

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

¶6The petitioner has already spent 61 days in judicial custody.

¶7This Court is of the opinion that the petitioner no longer deserve to be detained in custody. Therefore, his bail application is allowed.

¶8The petitioner, Karuna Rajbongshi, who was arrested in connection of Dispur P.S. Case No. 1063/2024 shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati.

¶9The bail application stands disposed of. The CD shall be returned.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010238432024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3505/2024 SRI KARUNA RAJBONGSHI S/O SRI SAMIN DEY RAJBONGSHI R/O KISHNA MANDIR, UJJAL NAGAR, KAHILIPARA, BHAGADUTTAPUR, P.S. DISPUR, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H TALUKDAR, MR. K D SARMA,MRS. M DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA