Parash Borah v. The State of Assam

ORDER 16-12-2024 Heard Mr. P Mahanta, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

¶2By this application filed under Section 483 of the BNSS, 2023, the petitioner, namely, Parash Borah, son of Bhupen Borah, resident of village-Na Ali, P.S.-Sivasagar, District-Sivasagar is seeking bail in Hatigaon Police Station Case No. 229/2024, registered Page No.# 2/3 under Sections 308(2)/3(5) of the BNS, 2023, corresponding to G.R. No. 6102/2024, in which he was arrested on 17.10.2024 and is in custody since then.

¶3On the basis of an FIR dated 16.10.2024 lodged by the informant before the Officer-in-Charge of Hatigaon Police Station for blackmailing and demanding of money from him, Hatigaon Police Station Case No. 229/2024 was registered under Sections 308(2)/3(5) of the BNS, 2023, corresponding to G.R. No. 6102/2024 and the petitioner was arrested on

17.10.2024.

¶4On being enquired, Mr. K K Parashar, learned APP, Assam submitted that till date, police has not filed the charge-sheet in said Hatigaon Police Station Case No. 229/2024.

¶5As in the meanwhile, the petitioner has already completed his statutory/mandatory period of detention of 60 (sixty) days in said Hatigaon Police Station Case No. 229/2024, he is entitled for his default bail.

¶6Accordingly, the petitioner, namely, Parash Borah, son of Bhupen Borah be released on default bail in said Hatigaon Police Station Case No. 229/2024 on furnishing bail bond of Rs. 45,000/-, with two local sureties each of the like amount, one of which shall be a Government Employee, either State or Central Government, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), subject to the conditions that petitioner, named above —

i) shall appear before the concerned Investigating Officer of said Hatigaon Police Station Case No. 229/2024 on every Thursday for the next three English Calendar months commencing from 26.12.2024 or till filing of the charge-sheet in the case, whichever is earlier and also as and when he is required in the said case;

ii) shall not leave the territorial jurisdiction of Hatigaon Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case;

iii) shall not hamper with the investigation, or tamper with the evidence of the case;

iv) 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 them from disclosing such facts to the Court or to any police officer and;

v) shall not involve himself in any criminal activities in future.

¶7Any violation of the aforesaid terms and conditions by the petitioner, namely, Parash Borah, son of Bhupen Borah, the bail granted to him in said Hatigaon Police Station Case Page No.# 3/3 No. 229/2024 shall stand automatically vacated.

¶8This bail application accordingly stands allowed.

¶9Return the Case Diary herewith.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010256202024 2024:GAU-AS:12753 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3679/2024 PARASH BORAH S/O BHUPEN BORAH R/O NA-ALI, P.S. SIVASAGAR, DIST. SIVASAGAR, ASSAM, C/O RAMANUJ BARKAKATI, HOUSE NO. 36, KUNDIL NAGAR, P.S. BASISTHA, DIST. KAMRUP (M). VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P MAHANTA, MS. M BORGOHAIN,M DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK