JUDGMENT :

Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl.P.P. appearing for the State.

2. The petitioner Sri Bipin Gogoi @ Putou Gogoi has filed an application under Section 439 Cr.P.C. with prayer for bail as he has been in judicial custody since 30.07.2021 in connection with Sessions Case No. 53(DH)/2021 under Section 302/324 of the Indian Penal Code (IPC for short) pending in the Court of Sessions Judge, at Dhemaji arising out of Silapathar Police Station P.S. Case No. 363/2021 under Section 302/34 IPC and corresponding G.R. Case NO. 852/2021 (SLP).

3. It is submitted on behalf of the petitioner that he is a permanent resident of Samabai Maj Gaon, Ward No. 1, under Silapathar P.S. He is a daily wage earner and a respectable person of the society. He has no criminal antecedents and he is a law abiding citizen. He was arrested on 30.07.2021 and produced before the Chief Judicial Magistrate, Dhemaji on 02.08.2021. Charge-sheet has been laid against him and thereafter this case against him was committed for trial and is now pending in the Court of the learned Sessions Judge, Dhemaji, and is numbered as Sessions Case No. 53(DH)/2021. Charges have already been framed against him vide order dated 29.11.2021. The trial of this case has been procrastinated. Several dates have been fixed for evidence, but the prosecution is unable to conclude the trial. Witnesses are yet to be examined.

4. The Sessions Case No. 53(DH)/2021 was fixed for evidence from 29.11.2021 to 01.12.2022 and summonses were issued to the witnesses, but the prosecution has failed to examine a single witness till date.

5. It is also submitted that the petitioner has been falsely implicated as the informant is his step mother. The informant was already a married woman with children from her earlier marriage. She used to live with the petitioner’s father and finally both started staying together in a separate house. The petitioner’s father used to quarrel frequently with the informant and finally on 20.07.2021, after a commotion emanated from the house of the deceased, the deceased was found in an injured condition on the road. Finally, the deceased succumbed to his injuries. The petitioner has also prayed for bail to prepare his defence against a false case foisted against him. He is the sole bread winner of the family and his mother and brother are suffering immensely. He has pledged to co-operate with the investigation.

6. The learned Addl.P.P. has raised serious objections stating that the petitioner is aggressive by nature. There are materials in the case diary against him that he has killed his own father. Charge-sheet has been laid against him under Sections 302/324 IPC. The petitioner is charged with murder of his father as well as causing injuries on his step mother. In the event he is granted bail there is every possibility that he will exercise threats to witnesses. The FIR clearly reveals that the petitioner dealt a fatal blow on his father and also dealt a blow with his dao on the informant.

7. I have considered the submissions at the bar.

8. The learned counsel for the petitioner has relied on the decision of the Hon’ble Supreme Court in Dinubhai Boghabhai Solanki Vs. State of Gujarat and Others reported in (2014) 4 SCC 626 wherein it has been observed that:-

“65. We are not much impressed by the submission of Mr Rohatgi that the appellant-petitioner ought to be released on bail simply because he happens to be a sitting MP, nor are we much impressed by the fact that further incarceration of the appellant-petitioner would prevent him from performing his duties either in Parliament or in his constituency. So far as the Court is concerned, the appellant-petitioner is a suspect/accused in the offence of murder. No special treatment can be given to the appellant-petitioner simply on the ground that he is a sitting Member of Parliament. However, keeping in view the fact that CBI has submitted the supplementary charge-