Sourav Baidya and Anr v. The State of Assam

ORDER

26.09.2024 Heard Mr S C Keyal, learned counsel for the petitioners, 1) Sourav Baidya and 2) Nitush Deb Barma, who have filed this application under Section 483 of the BNSS, 2023, with prayer for bail as they are behind bars since 02.09.2024, in connection with Hatigaon PS Case No. 139/2024, under Section 379 of the Indian Penal Code, 1860.

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

¶3The learned Additional Public Prosecutor has raised serious objection stating that the petitioners are history sheeters and they are involved in accepting stolen bikes and transporting those bikes to a person named Nur Islam, in Bangladesh.

¶4The learned counsel for the petitioners has submitted that the petitioners have been behind bars for more than two months, merely on suspicion. This incident has occurred on 22.06.2024, whereas, the petitioners were already forwarded to custody on

16.07.2024 and the forwarding report (Annexure-1), clearly reveals that after their arrest, no such case has been reported under the jurisdiction of the Police Station.

¶5I have also scrutinized the Case Diary.

¶6Investigation has progressed to a considerable extent. Page No.# 3/3

¶7It appears that custodial detention may not be required for further progress of investigation.

¶8Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioners are enlarged on bail of Rs 30,000/- (Rupees Thirty Thousand Only) each, with one suitable surety each of the like amount to the satisfaction of the learned CJM, Kamrup (Metro), under the conditions that:

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

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

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

8.1. On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶9Bail Application stands disposed of.

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010191382024 2024:GAU-AS:9664 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2843/2024 SOURAV BAIDYA AND ANR. S/O KIRAN BAIDYA R/O KALIBARI, INCHAMATI P.S. SHELLA, DIST. EAST KHASI HILLS, PH. 7975625751 2: NITUSH DEB BARMA S/O SANJAY DEB BARMA R/O PATHARGHAT KALATEK P.S. SHELLA DIST. EAST KHASI HILLS PH-847185568 VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR. S C KEYAL, P K KHAKHOLIA,K JAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND