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2020 DIGILAW 471 (GAU)

Harish Maharshi v. State Of Assam

2020-05-12

M.R.PATHAK

body2020
JUDGMENT 1. Heard Mr. S. Munir, learned counsel for the petitioner and Mr. K. Konwar, learned Additional Public Prosecutor, Assam for the State. 2. This application under Section 439 Cr.P.C. has been filed by the petitioner, namely, Harish Maharshi, seeking bail in connection with Jalukbari P.S. Case No. 578/2020 (corresponding to G.R. Case No. 5157/2020) registered under Sections 363/366/342 IPC, wherein he was arrested on 28.04.2020 and since then he is in custody. 3. As per the FIR of the case filed by the informant before the Officer-in-Charge of Maligaon (Goshala) Police Out-post under Jalukbari Police Station, that on 27.04.2020 in the early morning, the petitioner abducted the wife of the informant and kidnapped his two minor children and confined them in an unknown place. The wife and children along with the petitioner were found at Rangia and both the minor children as well as wife of the informant were recovered from the said place. 4. Perused the case diary placed today by Mr. K. Konwar, learned Additional Public Prosecutor, Assam as well as the statements of both the minor children and the wife of the informant recorded on 28.04.2020 under Section 164 CrPC by the learned Judicial Magistrate 1 st Class, Kamrup (M), Guwahati. 5. It is seen that neither the minor children nor the wife of the informant implicated the petitioner that he abducted or kidnapped them rather they stated that they along with the petitioner went on their own will and wishes. 6. Considering the materials available in the case diary, recovery of the minor children as well as wife of the informant and the period of detention of the petitioner, namely, Harish Maharshi in custody since 28.04.2020, the Court is of the view that his further custodial detention is not warranted to investigate the said Jalukbari P.S. Case No. 578/2020. As such, this bail application of the petitioner is accepted. 7. As such, this bail application of the petitioner is accepted. 7. Accordingly, the petitioner, namely, Harish Maharshi, be released on bail in said Jalukbari P.S. Case No. 578/2020 on furnishing a bail bond of Rs.20,000/- with 2 (two) local sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati on conditions that the petitioner- (i) shall appear before the Investigating Officer of said Jalukbari P.S. Case No. 578/2020 as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of the Jalukbari Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer, failing which, the bail granted to him in the aforesaid Jalukbari Police Station case shall stand automatically vacated. 8. Return the case diary. 9. Bail application accordingly stands allowed.