Karnadhar Nath v. The State of Assam

ORDER Date : 02 .08. 2024 Heard Mr. S.M.Abdullah P, learned counsel for the petitioner and Mr. D. Das, learned Addl. Public Prosecutor for the State respondent. Case diary is received and perused. Heard both sides. This is an application under Section 483 of BNSS, 2023, filed by the petitioner, namely Page No.# 2/3 KARNADHAR NATH, praying for release on bail in connection with Beguan P.S. Case No. 34/2024 under Section 304B/ 302 IPC. It is submitted by Mr. Abdullah P, the learned counsel for the petitioner that the petitioner was arrested in connection with this case on 24.06.2024 and since then he has been detained in custody for last 40 days. He further submits that the petitioner is innocent and he is in no way connected with the alleged offence and he was arrested only on suspicion. He has submitted that considering the period of detention, the petitioner may be enlarged on bail. However, the petitioner is ready and willing to appear before the I.O. and cooperate with the investigation of the case, if he is enlarged on bail by this Court. On the other hand, Mr. Sarma, the learned Additional Public Prosecutor has submitted that there are sufficient incriminating materials against the present petitioner and the cause of death of the deceased is exphysia as a result of anti mortem drowning. However, considering the period of detention, his prayer may be considered. After hearing the submissions of the learned counsel for both the parties and considering the entire aspect of the matter, without going through the merit of the case, only considering the period of detention, I am of the view that further custodial interrogation of the petitioner may not be required and hence, I find it to be a fit case to enlarge the accused petitioner on bail. Accordingly, it is directed that the petitioner named above, be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) with 1 (one) suitable surety of like amount to the satisfaction of the learned CJM, Goalpara in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused-petitioner:

¶1shall not leave the territorial jurisdiction of the learned CJM, Goalpara, without prior written permission from him/ her;

¶2shall not hamper in the investigation of the case and tamper with the evidence of the case; and

¶3shall not, directly or indirectly, make any inducement, threat or promise to any Page No.# 3/3 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. In terms of the above observation, this bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010144752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2131/2024 KARNADHAR NATH S/O MANINDRA CH. NATH, R/O BARUA PARA, P.S.-BAGUAN, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MR. S RAHMAN,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA