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Judgment
The Court proceedings have been conducted through Video-Conference due to Covid-19 pandemic.
This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioners, namely, 1. Nehemiah Saithuvai, 2. Lianthang Khelma,
Para Thursu, 4. Thangpui Saithuvai, 5. Chungnangzem Saithuvai, 6. Suampui Kholumi, 7. Thoi Neibom and 8. Bonny Kiling , in connection with
Umrangso Police Station Case No. 13 of 2021, registered under Sections 120(B)/367/342/354(B)/325/307 of the IPC, read with Sections 4/7/8/9/10 of
the Assam Witch Hunting (Prohibition, Prevention & Protection) Act, 2015.
Heard Mr. J. Laskar, learned counsel representing the accused-petitioners and Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.
Mr. Laskar, learned counsel for the petitioner has submitted that vide order, dated 20-07-2021, passed in Bail Application No. 1410/2021, two co-
accused were granted bail after perusal of the case diary and medical report of injury and considering the length of detention of the accused-
petitioners in custody.
The accused-petitioners in the aforesaid bail application were in custody for 55 days on the date of grant of bail to them. It has clearly been indicated
in the said order that the injury sustained by the injured/victim are simple in nature. However, the present petitioner Nos. 1 and 2 are in custody for 63
days as on date and the petitioner Nos. 3 to 8 are in custody for 58 days as on date.
Considering the length of detention, the nature of injury sustained by the injured/victim and also with a view to maintain parity, the petitioners are
granted bail.
Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of
Rs.15,000/- each with two suitable sureties each of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Dima Hasao, Haflong.
The direction for bail is further subject to the conditions that the accused-petitioner:
(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Dima Hasao, Haflong, without prior written permission from him;
(b) shall not hamper with the investigation of the case and tamper with the evidence of the case;
(c) 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 him
from disclosing such facts to the Court or to any police officer.
In terms of the above, this bail application stands disposed of.
Return the case diary.