Bakul Barman v. The State of Assam

ORDER

11.12.2024

Heard Mr. D. Gogoi, the learned counsel appearing for the petitioner. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for pre-arrest bail in respect of PRC Case No. 1463/2023 Page No.# 2/2 arising out of Dhubri Sadar P.S. Case No. 579/2015 pending in the Court of Chief Judicial Magistrate, Dhubri.

¶3The petitioner is shown as an absconder in the charge sheet filed under Section 366(A) and 506 of the IPC.

¶4The petitioner apprehends that since the offence is triable by a court of Sessions, he will be remanded to the custody if he appears before a court of Chief Judicial Magistrate, Dhubri in connection with PRC Case No. 1463/2023.

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

¶6I have also gone through the records.

¶7This Court is of the opinion that at this stage, the petitioner does not deserve to be detained in custody. Therefore, his application is allowed.

¶8It is hereby directed that within next 10 (ten) days, the petitioner Bakul Barman shall appear before the court of Chief Judicial Magistrate, Dhubri in connection with PRC Case No. 1463/2023 and on his appearance, he shall be released on bail of ₹20,000/- with a surety of like amount with the satisfaction of CJM, Dhubri. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010263952024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3254/2024 BAKUL BARMAN S/O JIBAN BARMAN, RESIDENT OF BHOWRAGURI MANDAPARA, PO BHOWRAGURI PS GOSSAIGAON, DIST KOKRAJHAR, ASSAM 783336 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. D GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA