Gauhati High Court
Suguma Brahma @ Boiler vs The State Of Assam on 5 April, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010180192020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2822/2020
SUGUMA BRAHMA @ BOILER
S/O RABIN BRAHMA, R/O WARD NO-6, TENGAPARA, KOKRAJHAR TOWN,
P.O. AND P.S.-KOKRAJHAR, DIST-KOKRAJHAR (BTAD), ASSAM, PIN-783360
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR P K DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
05.04.2021 Heard Mr. P.K. Das, learned counsel for the accused petitioner and Mr. B.B. Gogoi, learned Addl. P.P. for the State respondent.
By this application under Section 439 Cr.P.C., the accused-petitioner, namely, Suguma Brahma @ Boiler has sought for bail in connection with Sessions case No. T 1/14/2020 corresponding to Kokrajhar P.S. Case No. 367/2020, under Sections 302/201/34 of the IPC.
Page No.# 2/3 Scanned copy of the case diary along with case record is placed before this court.
Mr. P. K. Das, learned counsel appearing for the accused petitioner, submits that the accused is an young youth aged about 21 years and he has been languishing in jail for 277 days in connection with the case, without sufficient incriminating evidence. According to Mr. Das, the accused had no knowledge about the incident, but the learned Sessions Judge, Kokrajhar rejected his bail application.
Mr. B.B. Gogoi, learned Addl. Public Prosecutor, submits that the learned Sessions Judge, Kokrajhar having found prima facie material framed charges under Sections 201/302/34 of the IPC against the present accused and another, on 19.01.2021 and till date a number of prosecution witnesses are examined.
As per the ejahar, on 30.06.2020 at around 2.30 p.m., the informant's 4 years old daughter, who was playing with small children mysteriously went off missing and she could not be located.
The accused has been in judicial custody since 03.07.2020.
A perusal of the case record along with the case diary, it is revealed that after completion of investigation, the police laid a charge-sheet under Sections 201/302/34 of the IPC against the present accused and another. The learned Sessions Judge, Kokrajhar has framed charges as charge-sheeted vide order dated 19.01.2021. Two prosecution witnesses have been so far examined and cross-examined in the case and there are more cited prosecution witnesses to be examined. The case diary prima facie shows that the accused smoked ganja near the pond, where the deceased's dead body was found in the relevant afternoon and the accused loosing his rationality abruptly pushed the deceased - a little girl aged about 4 years to the said pond resulting in her instantaneous death. The post-mortem report reveals that the cause of death of the deceased was asphyxia following drowning.
Having considered the submissions made by the learned counsel of both sides and pros and cons of the evidence of the two P.Ws as well as the prima facie evidence available on the case diary, this court is of the opinion that further continuation of detention of the accused, who is stated to be aged about 21 years, will not be required in the interest of the trial of the case.
Accordingly, it is provided that the accused-petitioner, named above, shall be released on bail of Rs. 25,000/- with two sureties of the like amount to the satisfaction of the learned Sessions Judge, Kokrajhar subject, of course, to the following conditions:
Page No.# 3/3 (I) That the accused-petitioner shall continue to appear on all dates to be fixed from time to time by the learned trial court till the case is disposed of;
(II) That the accused-petitioner 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 to the Court; and (III) That the accused petitioner and his bailors shall produce the Voter Identity Card/ Passport/ Permanent Residential Certificate, whatever is available at the time of submission of the bail bond for satisfaction of the learned Sessions Judge, Kokrajhar regarding their identity and address and then return the same retaining scanned copy thereof on record.
This disposes off the bail application.
JUDGE Comparing Assistant