Gauhati High Court
Sushen Biswas @ Sushen Namasudra vs The State Of Assam on 11 April, 2025
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GAHC010075182025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/861/2025
SUSHEN BISWAS @ SUSHEN NAMASUDRA
S/O SRI BANESWAR NAMASUDRA
R/O LANKA KARIKHANA
P.S. LANKA
DIST. HOJAI, ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. V K CHANDAK, AAMIR AHMED,MR A RAZZAK,DR. T
KALITA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 11.04.2025
1. Heard Mr. V. K. Chandak, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State.
2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Sushen Biswas @ Sushen Namasudra, who is apprehending his Page No.# 2/3 arrest in connection with PRC Case No. 14/2021 under Sections 148/149/294/326/307/232/352 of the Indian Penal Code.
3. This gist of accusation in this case is that on the basis of an FIR lodged by one Madan Biswas before the Officer-in-charge of Murajhar Police Station, inter alia, alleging that the accused person named in the FIR including the present petitioner have assaulted and caused grievous injuries to the informant, an investigation was initiated and ultimately, on completion of the investigation, charge-sheet was laid against the present petitioner showing him as an absconder.
4. The learned counsel for the petitioner has submitted that though the Committal Court i.e., the Court of learned Judicial Magistrate First Class has issued summons to the petitioner, however, as one of the offence involved in this case is under Section 307 of the Indian Penal Code and, hence, he apprehends that if the petitioner appeared before the Committal Court in pursuant to the summons, he may be remanded to custody. Hence, he prays for grant of bail.
5. I have considered the submissions made by the learned counsel for both the sides.
6. In the instant case, though the summons have been issued to the petitioner, however, the Court which has issued the summons is a Court of the learned Judicial Magistrate First Class and as the offence under Section 307 of the Indian Penal Code is involved, therefore, due to embargo of Section 480(1)(ii) of the BNSS as well as the provisions of Section 232(b) of the BNSS, the petitioner may be remanded to judicial custody by the Committal Court on his appearance before the said Court even though summons have been issued to the petitioner. Hence, the prayer for bail is allowed.
7. The petitioner shall appear before the Court on 27.05.2025 and on his appearance, the Committal Court shall allow the petitioner to go on bail of Page No.# 3/3 Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the said Court, with following conditions:-
i. That the petitioner shall cooperate in the trial of PRC Case No. 14/2021, which is pending in the Court of the learned Judicial Magistrate First Class;
ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court;
iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner;
8. This anticipatory bail application is accordingly disposed of.
JUDGE Comparing Assistant