Nabindra Boro v. The State of Assam

ORDER Date : 06.12.2024

Heard Mr. J. Payeng, learned counsel appearing for the petitioner as well as Mr. RR Kaushik, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application u/s 439 of the Cr.P.C., whereby the petitioner, namely, Shri Page No.# 2/2 Nabindra Boro has prayed for releasing him on bail, after he was arrested in connection with Sessions Case No. 114/2024 arising out of Pragjyotishpur P.S. Case No. 57/2024.

¶3The prosecution case against the petitioner is that on the day of occurrence, he had illegally entered into the house of the informant and cut down the electricity connection of the house of the informant and also assaulted her 17 year old daughter. It is alleged that the petitioner pressed the neck of the girl, for which, she sustained injuries.

¶4I have considered the submissions made by the learned counsels of both sides.

¶5The petitioner has been in custody for last 7 months. No witness from the prosecution side have been examined as yet.

¶6This Court is of the opinion that at this stage, the period of detention already undergone by the petitioner deserves to be taken as a ground for releasing him on bail. Therefore, the bail application is allowed.

¶7The petitioner, Shri Nabindra Boro,who was arrested in connection with Sessions Case No. 114/2024 pending in the court of the learned Additional Sessions Judge, (FTC) No. 4, Kamrup (Metro), Guwahagtishall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Kamrup (Metro) at Guwahati.

¶8The bail application stands disposed of accordingly. The CD shall be returned JUDGE Comparing Assistant

Page No.# 1/2 GAHC010239812024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3477/2024 NABINDRA BORO S/O SUBASH BORO R/O CHOPAIDUNG NEAR LAKHI MANDIR P.S. PRAGJYOTISHPUR DIST. KAMURP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR J PAYENG, MS. SUSMITA DOLEY,MS A PAYENG,MR G TAKU Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA