Page No.# 1/3
GAHC010158972024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2357/2024
GOBINDA TALUKDAR
S/O LATE HARI CHARAN TALUKDAR, VILL-KALDI, P.S.-MUKALMUWA,
DIST- NALBARI, ASSAM, PIN-781138
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S BARMAN, MR L RABHA
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
31.08.2024
Heard Mr. S. Barman, learned counsel for the petitioner. Also heard Mr. P.
Borthakur, learned Additional Public Prosecutor for the State respondent.
This application, filed under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, praying for grant of bail to the accused/petitioner, who has been languishing
in jail hazot since 20.06.2024 in connection with Nagaon P.S. Case No. 372/2024
registered under Section 392 of IPC.
The learned counsel for the petitioner, Mr. Sarmah, submits that the petitioner
has been arrested in connection with this case and has been in custody since
20.06.2024. It is submitted that nothing was seized from the petitioner's possession in
relation to this case and he was shown arrested in connection with this case. He
further submits that the petitioner was previously arrested in connection with Jagiroad
P.S. Case No. 95/2024 and was granted bail in Bail Application No. 2074/2024.
Accordingly, he submits that considering the length of detention undergone by the
present petitioner, he may be allowed to go on bail. Furthermore, the petitioner is still
ready and willing to cooperate with the investigating officer for further investigation, if
bail is granted.
In this regard, Mr. Borthakur, learned Additional Public Prosecutor, stated that
the present case pertains to Nagaon Police Station Case No.372/2024 whereas the
earlier case was related to Jagiroad Police Station case No.95/2024. He further
mentioned that according to the contents of the First Information Report (FIR), the
incident took place on the highway. Additionally, he submitted that the case has been
registered under Section 392 of the IPC and thus, he raised objection in granting bail
Page No.# 3/3
to the accused/petitioner at this stage.
Considering the submissions of learned counsels for both sides and the length
of detention already undergone by the accused/petitioner, and without delving into the
merits of the case, I am of the view that the I.O. has got ample opportunity to
interrogate the accused/petitioner keeping him in the custody and accordingly, further
custodial interrogation of the accused/petitioner seems to be not necessary here in
this case.
Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees
twenty thousand) only with one surety of like amount to the satisfaction of the learned
Chief Judicial Magistrate, Nagaon, the accused/petitioner, namely, Gobindo Talukdar,
be enlarged on bail, subject to the following conditions:
(i) that the petitioner shall make himself available for interrogation by the
Investigating Officer as and when required;
(ii) that the petitioner 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 him from disclosing such facts to the Court or to any police
officer; and
(iii) that the petitioner shall not leave the jurisdiction of the learned Chief
Judicial Magistrate, Nagaon, without prior permission.
In terms of above, this bail application stands disposed of.
JUDGE
Comparing Assistant