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Gauhati High Court

Raj Barhoi Borah vs The State Of Assam on 18 September, 2019

Author: Hitesh Kumar Sarma

Bench: Hitesh Kumar Sarma

                                                                                        Page No.# 1/2

GAHC010214332019




                               THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Bail Appln. 2658/2019

             1:RAJ BARHOI BORAH
              S/O. LT. LAKHINATH BORAH
             VILL. BOHOTIA GAON
              P.S. PULIBOR
              DIST. JORHAT.


             VERSUS

             1:THE STATE OF ASSAM
             REP. BY PP
             ASSAM.



             Advocate for the Petitioner : MR H R A CHOUDHURY
             Advocate for the Respondent : PP
             ASSAM



                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                              ORDER

Date : 18-09-2019 Heard Mr. HRA Choudhury, learned senior counsel for the accused-petitioner as well as Mr. MP Goswami, learned Additional Public Prosecutor, appearing for the State respondent.

This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused- petitioner, namely, Raj Barhoi Borah, in connection with Jorhat P.S. Case No. 2224/2019 Page No.# 2/2 registered under Sections 364(A)/392 of the IPC.

Perused the case diary produced before this court.

The accused-petitioner has been in custody w.e.f. 25.08.2019, and as such for 25 (twenty five) days as on date.

Inspite of the fact that there is some evidence collected indicating the involvement of the accused-petitioner, yet in the considered view of this court, further custodial detention of the accused-petitioner is not considered necessary. Therefore, he is granted bail.

Accordingly, the accused-petitioner named above, shall be released on bail in connection with Jorhat P.S. Case No. 2224/2019 on furnishing bail bond of Rs. 20,000/- with a suitable surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Jorhat.

The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of the Chief Judicial Magistrate, Jorhat, without prior written permission from him;
(b) shall not hamper with the investigation, or tamper with the evidence of the case; and
(c) 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 or to any police officer The petition stands disposed of accordingly.

Return the case diary.

JUDGE Comparing Assistant