Uttamjit Nath v. The State of Assam

Page No.# 1/2 GAHC010263452024

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3774/2024 UTTAMJIT NATH S/O SRI HITESWAR NATH VILL-PURBJYOTI NIGAM P.O PULISUMONI, P.S. GOHPUR DIST. BISWANATH, ASSAM PIN-784178 CONTACT NO. 9395756402 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P NEOG, MS. K SHARMA Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

10.12.2024 Heard Mr. P. Neog, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Sri Uttamjit Nath has prayed for releasing him on bail after he was arrested Page No.# 2/2 in connection with Gohpur P.S. Case No.139/2024 under Section 309(4) of the BNS, 2023 and added Section 111 (3) of the BNS.

¶3On 28.09.20244, these petitioners allegedly stopped a truck bearing Registration No. AS-01-PC-5741 in the National Highway when it was traveling from Nagaon to Silapathar. The petitioners allegedly demanded money from the driver and accordingly took away a cash amount of ₹2,500/-. It is further alleged that on an earlier occasion also, some people travelling in a vehicle without any registration number have taken ₹1,000/- from the driver of the aforesaid vehicle.

¶4The learned counsel for the petitioner submitted that the petitioners have already spent 57 days in judicial custody. The petitioner has prayed that their period of detention already undergone deserves to be taken as a ground for releasing him on bail.

¶5I have considered the submissions made by the learned counsel of both sides.

¶6This Court is of the opinion that considering the period of detention already undergone by him, the bail application of the petitioner is allowed.

¶7The petitioner, namely-Sri Uttamjit Nath who were arrested in connection with Gohpur P.S. Case No.139/2024 under Section 309(4) of the BNS, 2023 and added Section 111 (3) of the BNS, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Gohpur. With the above direction, the bail application is disposed of.

JUDGE Comparing Assistant