Gauhati High Court
Sri Gopal Nath vs The State Of Assam on 27 September, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010203892024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2976/2024
SRI GOPAL NATH
S/O LATE DHRUBA NATH, R/O VILL. SONARI GAON, BOKULTAL
BIHAGURI, P.O P.S. TEZPUR, DISTRICT SONITPUR, ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. M ALI, MD. ANARUL ISLAM,MR J. ISLAM
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 27.09.2024 Heard Mr. M.Ali, learned counsel for the petitioner as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent.
By filing this petition under Section of the 483 Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioner, namely, Gopal Nath has prayed for grant of bail in connection with PRC Case No.928/2020 ( arising out of Nagaon Page No.# 2/3 PS Case No. 1819/2020) under Section 341/294/506/353/427/298 of IPC r/w Section 3 of PDPP Act pending in the court of learned CJM, Nagaon.
The learned counsel for the petitioner submits that in connection with Nagaon PS Case No. 1819/2020, after filing of charge sheet, the accused petitioner approached before the trial court and bail was granted to him. Subsequently, due to COVID-19 pandemic, court was not functioning properly and as such, he did not appear before the trial court. On resuming of court proceeding, summons were issued against the petitioner and subsequently, warrant of arrest and P/A was issued and the petitioner was arrested on 04.09.2024. The learned counsel for the petitioner has pointed out that the punishment for the offence as alleged against the petitioner is not more than three years. Hence, learned counsel prays that the petitioner may be released on bail.
On the other hand, learned Addl.P.P. submits that the petitioner may approach the trial court seeking regular bail.
Having heard the learned counsel for the parties and on perusal of the orders of the trial court as well as the averments made in this petition, it appears that charge sheet has been laid against the petitioner under Sections 341/294/506/353/427/298 of the IPC r/w Section 3 of PDPP Act.
Considering the matter in its entirety, it is directed that the accused petitioner shall approach before the learned trial court and in the event of filing any bail application, learned trial court shall consider the matter in accordance with law.
The bail application stands disposed of accordingly.
JUDGE Page No.# 3/3 Comparing Assistant