Shri Raju Gohain and Anr v. The State of Assam

ORDER

26.11.2024 Heard learned counsel, Mr P Bordoloi, for the petitioners, 1) Shri Raju Gohain and Page No.# 2/4 2) Shri Kamal Porja, who have filed this application under Section 483 of the BNSS, 2023, with prayer for bail as they are behind bars since 26.10.2024, in connection with Helem PS Case No. 78/2024, corresponding to GR Case No. 285/2024, under Sections 303(2)/317(2)/111(6) of the BNS, 2023.

¶2Heard Mr R R Kaushik, learned Additional Public Prosecutor for the State respondent.

¶3The FIR unfolds that a tip-off was received by the Police and the investigating team that the petitioner No. 1 is running a business of receiving stolen vehicles and after transforming the vehicle into scrap materials, he is selling the same for profit. During investigation, the Police found the petitioner No. 1 transforming the old vehicles into scrap materials and loading the same into a truck bearing Registration No. AS-07C-9121, for transporting the materials.

¶4It is submitted on behalf of the petitioner No. 1 that no direct allegations have been made against the petitioner No. 1 that he is responsible for selling the vehicles which are transformed into scrap materials. Further, it is submitted that the petitioner No. 2 was acting under the instructions of petitioner No. 1 and he was not aware of any shady business.

¶5Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners.

¶6I have scrutinized the Case Diary. Page No.# 3/4

¶7Indeed, there are incriminating materials in the Case Diary against the petitioners.

¶8However, I have considered the submission that the petitioners are willing to cooperate with the remaining part of investigation.

¶9I have also considered the submission that further custodial detention for further progress of investigation may not be required.

¶10The petitioners have pledged to abide by any stringent conditions, if imposed upon them. The petitioners are local residents and they are not flight risks.

¶11Considering all aspects, petition is allowed. The petitioners are enlarged on bail of Rs. 50,000/-each, with one suitable surety each of the like amount to the satisfaction of the learned SDJM(M), Gohpur, under the conditions that-

i) the petitioners shall refrain from such activities with which they are alleged,

ii) the petitioners shall appear before the investigating agency on every fortnight, till completion of investigation, and

iv) the petitioners shall not leave the jurisdiction of the Court, without prior permission.

¶12On breach of any of the bail conditions, the jurisdictional Court is at liberty to immediately cancel the bail granted to the petitioners.

¶13Bail Application stands disposed of. Page No.# 4/4

¶14Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010239862024 2024:GAU-AS:11687 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3476/2024 SHRI RAJU GOHAIN AND ANR S/O LATE DILDHAR GOHAIN R/O VILL- BRAHMAJAN P.O. BRAHMAJAN, PIN-84172 P.S. HELEM, DIST. BISWANATH, ASSAM 2: SHRI KAMAL PORJA S/O LATE KRISHNA @ KASYALYA PORJA R/O VILL- KETELA T.E. P.O. KETELA PIN-784166 P.S. BEHALI DIST. BISWANATH ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND