Nirupama Saikia v. The State of Assam

ORDER Date : 05.01.2024 Heard Ms. Nirupama Saikia, petitioner-in-person. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State. The petitioner-in-person has submitted that the accused, namely, Abhijit Page No.# 2/2 Saikia, who is the son of the present petitioner was granted bail by this Court on

12.12.2023. It is submitted by the petitioner that the accused, namely, Abhijit Saikia has cooperated in the investigation. On the other hand, learned Additional Public Prosecutor has produced the case diary of Gossaigaon P.S. Case No. 381/2023 and has submitted that there are sufficient incriminating materials against the present accused person. However, he has also submitted that the accused, namely, Abhijit Saikia has appeared before the Investigating Officer and his statement under Section 161 of the Code of Criminal Procedure has been recorded. Considering the fact that the accused, namely, Abhijit Saikia has cooperated in the investigation and has complied with the directions of this Court, this Court is of the considered opinion that his custodial detention may not be necessary for fair completion of the investigation of Gossaigaon P.S. Case No. 381/2023, if he continues to cooperate in the investigation. In view of the above observation, the bail granted to the accused, namely, Abhijit Saikia by order dated 12.12.2023 by this Court is hereby made absolute with condition Nos. 1 and 2 attached to the said order remaining intact. The petitioner shall also appear before the Investigating Officer as and when so required by the Investigating Officer for the fair completion the investigation. With the above observation, this bail application is hereby disposed of. Let a copy of this order be furnished to the learned SDJM(M), Gossaigaon/Chief Judicial Magistrate, Kokrajhar also.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010280612023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4507/2023 NIRUPAMA SAIKIA W/O LATE DHRUBA KR. SAIKIA R/O H./NO. 7, DEVDARU PATH, DISPUR, P.S. DISPUR, GUWAHATI-6 KAMRUP (METRO), ASSAM ON BEHALF OF MR. ABHIJIT SAIKIA S/O D.K. SAIKIA R/O H/NO. 7, DEVDARU PATH, DISPUR, P.S. DISPUR, GUWAHATI-6, KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S P ROY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA