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2020 DIGILAW 676 (GAU)

Dharmendra Talukdar v. State Of Assam

2020-09-23

HITESH KUMAR SARMA

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JUDGMENT Hitesh Kumar Sarma, J. - The Court proceedings have been conducted through Video-Conference. 2. This is an application made under Section 439 Cr.P.C., seeking bail by the accusedpetitioner, namely, Sri Dharmendra Talukdar, in connection with Geetanagar Police Station Case No.231/2020 registered under Sections 341/326/354/294/307 of the Indian Penal Code. 3. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. NJ Dutta, learned Additional Public Prosecutor, Assam for the State Respondent. 4. Case diary has been produced. 5. Learned counsel for the petitioner has submitted that the accused petitioner was arrested on 10.08.2020 and, as such, he has been in custody for a period of 44 days as on date. Learned counsel for the petitioner has also submitted that in view of the injury sustained by the injured, Section 326 of the Indian Penal Code is not attracted. 6. Learned Additional Public Prosecutor has also referred to the medical report of the injured, as available in the case diary, and has submitted that lacerated cut wounds were found on the scalp of the victim. He has also referred to the statement of the victim recorded under Section 161 of the Code of Criminal Procedure. On examination of the statement of the victim, it appears that there was an altercation ensued between him and the accused petitioner while the accused petitioner was under the influence of liquor. At the relevant point of time, the petitioner was playing carom along with some of his friends. 7. On hearing Mr. S. Munir, learned counsel for the petitioner and Mr. NJ Dutta, learned Additional Public Prosecutor, this Court is of the view that considering the nature of offence alleged including the injury and the period of detention for 44 days, further custodial detention of the petitioner is not required in the interest of investigation of the case. 8. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on his furnishing bail bond of Rs.20,000/- with a suitable surety each of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kamrup (Metro) at Guwahati. 9. In terms of the above, this bail application stands disposed of.