Gauhati High Court
Gunakanta Gogoi And 3 Ors vs The State Of Assam on 19 December, 2019
Page No.# 1/2
GAHC010302312019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 3931/2019
1:GUNAKANTA GOGOI AND 3 ORS.
S/O SHRI BHAGAWAN GOGOI, R/O LOKHRA BAMUNPARA, P.S.-GARCHUK,
DIST-KAMRUP (M), ASSAM
2: DIBAKAR BARUAH
S/O LATE PRADYUT BARUAH
R/O KAHILIPARA DAKHIN GAON
P.S.-DISPUR KAMRUP (M) ASSAM
3: NIRANJAN KONWAR
S/O SRI DUNESWAR KONWAR
R/O KAHILIPARA DAKHIN GAON
P.S.-DISPUR KAMRUP (M) ASSAM
4: KRISHNA HANDIQUE
S/O SRI PRABIN HANDIQUE
R/O KAHILIPARA DAKHIN GAON
P.S.-DISPUR KAMRUP (M) ASSA
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. P DEKA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 19-12-2019 Page No.# 2/2 By this application under Section 439 Cr.PC, the petitioners, namely, 1. Shri Gunakanta Gogoi, 2. Sri Dibakar Baruah, 3. Sri Niranjan Konwar and 4. Sri Krishna Handique have prayed for bail, who is in detention in connection with Gorchuk P.S. Case No. 888/2019 under Section 143/148/149/325/307/379 IPC.
Heard Mr. P. Deka, learned counsel for the petitioners and Mr. H. Sarma, learned Addl. P.P. for the respondent.
The allegation against the petitioner was of assault and committing theft.
Learned counsel for the petitioners submits that there is quarrel between two groups and no occurrence of causing grievous hurt or assault by any serious weapon has taken place.
Case diary produced today is perused.
Case diary does not reflect any incriminating material against the petitioners. Therefore, having considered the materials in the case diary and the length of detention, this court is of the view, that further custodial detention of the petitioners may not be necessary in the interest of investigation. Accordingly, the petitioners are allowed to be enlarged on bail of Rs. 20,000/- each with one suitable surety each of the like amount to the satisfaction of the learned CJM, Kamrup (M), subject, of course, to the following conditions:
1. The accused petitioners shall co-operate in the investigation as and when required;
2. The accused petitioners 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 him from disclosing such facts either to the Court or to any police officer.
3. The accused petitioners shall not commit any similar offence, of which he is accused or suspected commission.
Bail application is disposed of.
Return the case diary.
JUDGE Comparing Assistant