Ranjan Gogoi v. The State of Assam

ORDER

18.01.2023

Heard Mr. S. Deka, learned counsel for the accused and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, Page No.# 2/3 1973, is preferred by accused, namely, Sri Ranjan Gogoi, who has been languishing in jail hazot, in connection with the Dibrugarh P.S. Case No. 671/2022, under Sections 120[B]/326/307 of the IPC read with section 27[i] of the Arms Act, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by one Smti Karabi Baruah, one 01.11.2022, to the effect that on 31.10.2022, at about

6.20 pm, her husband, Sri Siddhartha Rajkhowa was returning from the District Court of Dibrugarh and at Laluka Gaon, some unknown persons, with a view to kill him open fired at him with gun. As a result, her husband sustained injuries and fell down from the motorcycle. Thereafter, he was taken to Assam Medical College and Hospital, Dibrugarh for treatment. On previous occasion her husband has filed one ejahar before the Amolapatty Police Outpost, against Prabitra Rajkhowa and Pradip Rajkhowa who have threatened to kill her husband on 25.08.2022.

¶4Mr. Deka, learned counsel for the accused submits that the accused was arrested on 12.11.2022, and since then he has been languishing in jail hazoot for last 67 days and that the accused is innocent and except some call data records, made by him to the accused namely, Prabitra Rajkhowa and Pradip Rajkhowa, there is no material against him, and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. Gogoi, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the materials so far collected in the case diary are inadequate to so culpability of the accused with the offence alleged in the FIR.

¶6Having heard the submissions of learned Advocates of both sides, I have Page No.# 3/3 carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of Mr. Gogoi, learned Additional Public Prosecutor.

¶7It appears that the accused was arrested on 12.11.2022, and since then he has been languishing in jail hazoot for last 67 days. And in view of the materials so far collected in the case diary and as well as the progress of investigation, further custodial detention of the accused seems to be unwarranted here in this case. Accordingly it is provided that on furnishing a bond of Rs. 25,000/- (Rupees twenty five thousand) only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dibrugarh, the accused be enlarged on bail.

¶8In terms of above, this bail application stands disposed of.

¶9The case diary be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010251652022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3393/2022 RANJAN GOGOI S/O LATE KESHOB GOGOI R/O BAMPOTHAR GAON RATNAPUR, PO. RAJABHETA, PS. BARBARUAH, DIST. DIBRUGARH, ASSAM, PIN-786001. VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. BHASKAR DUTTA, SENIOR ADVOCATE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN