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

Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 03.02.2023 ORDER Heard Mr. R. P. Sarma, learned Senior counsel, assisted by Ms. T. Som, learned counsel appearing for the petitioner as well as Mr. M. P. Goswami, learned Addl. P.P. appearing for the State respondent. This application under Section 439 Cr.P.C, is preferred by the petitioner, namely, Biju Das @ Kola, who is languishing in jail hajot since 28.11.2022, in connection with Page No.# 2/2 Hajo P.S. Case No. 1061/2022, registered under Sections 302/34 of the IPC. I have considered the submissions at the Bar. I have perused the case diary. The FIR reveals the allegation that on 20.11.2022, the accused petitioner along with ten others assaulted the deceased in Kedar Mandir at Hajo, resulting in his death. It is submitted on behalf of the petitioner that in an unfortunate incident, the deceased suddenly convulsed and collapsed. The petitioner has been falsely implicated in the case and the petitioner is behind the bar for 68 days. The petitioner has submitted that he will co-operate with the investigation. In view of the foregoing discussions and considering the submissions at the bar and considering all aspects, the petition is allowed. The petitioner is to be enlarged on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned S.D.J.M., Hajo, Under the conditions that:- (1) the petitioner will to co-operate with the investigation and not exercise threats to the witnesses, (2) the petitioner will refrain of such activities with which he alleged, and (3) the petitioner will not leave the jurisdiction of Court without prior permission till completion of the investigation. This petition stands disposed of. Send back the case diary. JUDGE Comparing Assistant