ORDER

Date : 04-08-2021 The Court proceedings have been conducted through online court proceeding services.

2. Heard Mr. S.Z. Sheikh, learned counsel for the accused-petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

3. By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Sri Bikram Rabha has prayed for his release on bail in connection with Boko Police Station Case no. 533/2021, registered under Section 333, Indian Penal Code (IPC).

4. In the First Information Report (FIR) lodged on 30.06.2021, the informant, a Line Man under Boko ESD, APDCL, had alleged that he was brutally assaulted by the accused-petitioner at around 8-40 p.m. when he was on duty at Kahipara, Boko. The accused-petitioner after his arrest, was produced before the Court on 02.07.2021.

5. Mr. Gogoi, learned Additional Public Prosecutor who has received the case diary, submitted that the injury report, available in the case diary, indicates that the injuries sustained by the informant were simple in nature and caused by a blunt object.

6. Upon perusal of the nature of allegations made in the FIR; the nature of injuries sustained by the informant, which were simple in nature purportedly caused by a blunt object, and the period of detention of the accused-petitioner since 02.07.2021, this Court is of the considered view that the further custodial detention of the accused-petitioner in order to carry out further investigation in the case is not necessary and his release on bail, at this stage of investigation, is not likely to affect the further investigation in any prejudicial manner, provided he continues to extend his cooperation during the further investigation of the case.

7. Accordingly, the accused-petitioner is allowed to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with one local suitable surety of the like amount, to the satisfaction of the learned Judicial Magistrate, 1st Class, Boko, subject to the following conditions :-

[1] the accused-petitioner shall co-operate with the investigation and make himself available for interrogation whenever required by the Investigating Officer (I.O.) of the case;

[2] the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

[3] the accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

[4] the accused-petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected; and [5] the accused-petitioner shall regularly remain present during the trial and co-operate the Court to complete the trial for the above offences, if charge sheeted in the case;

8. This application stands disposed of in the afore-mentioned terms.

JUDGE

Comparing Assistant