THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM Date : 30/03/2023 ORDER Heard Mr. S. Munir, learned counsel for the applicants. Also heard Mr. P. Borthakur, learned APP, Assam, appearing for the State. The 8(eight) applicants herein, were all arrested on 13/03/2023 in connection with Lumding PS case No. 79/2023 registered under section 379 of the IPC, suspecting that they were involved in snatching of gold chain from the wife of the informant. A crowed had apprehended the applicants and Page No.# 3/3 handed them over to the Police, where-after, they were arrested. Mr. Borthakur, learned APP, Assam, has produced the case diary. From perusal of the case diary, I find that there is no direct evidence implicating the applicants in commissioning of a cognizable offence. Rather, it appears that they were apprehended by the public on suspicion. In their statements recorded by the Police, the applicants have also denied their involvement in the incident. In view of the above, this Court is of the opinion that further custodial detention of the applicants will be uncalled for in this case. As such, it is hereby ordered that the applicants, viz. (1) Anjoli Rout, (2) Mamta Rau, (3) Jagnu Rau, (4) Rupa Rau, (5) Bari Raut, (6) Mar Rout, (7) Manu Raut and (8) Sanjay Raut, be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) each with one local surety each of the like amount to the satisfaction of learned Chief Judicial Magistrate, Sankardev Nagar, Hojai. It is, however, made clear that the applicants shall not leave the jurisdiction of the I.O. without prior intimation and shall render full cooperation in the investigation. Bail application stands disposed of. JUDGE sukhamay Comparing Assistant