Paritosh Nath and 3 Ors v. The State of Assam

ORDER

26.11.2024 Heard Mr R A Choudhury, learned counsel for the petitioners, 1) Paritosh Nath @ Poritosh Nath, 2) Partho Protim Nath @ Partho Nath, and 3) Anup Kumar Nath @ Anup Nath, and 4) Sajan Kumar Nath @ Sajon Nath, who have filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Lala PS Case No. 148/2024, corresponding to GR Case No. 582/2024, under Sections 61/331(4)/305(A)/296/74/115(2)/324(5)/351(2) of the BNS, 2023.

¶2Heard Ms N Das, learned Additional Public Prosecutor appearing on behalf of the respondent/State.

¶3I have considered the submissions at the Bar with circumspection.

¶4The FIR unfolds that the informant donated land for "Sri Gauranga Mahaprabhu Akhra". It is alleged that the petitioners along with some unknown miscreants have formed an illegal "Akhra Management Committee" with intent to displace the informant from her home and they have tried to encroach upon the petitioner's land. On

30.06.2024, a mediation meeting at Lala Police Station was held between both the Page No.# 3/4 parties, wherein the petitioners were advised to refrain from exercising pressure on the informant to vacate her land. However, on the fateful day, the petitioners trespassed into the informant's residence, damaged trees and other articles and threatened her with dire consequences and directed her to leave her residence within 3 or 4 days. The informant apprised the Abdullapur Outpost, about the incident. On 15.07.2024, an FIR was lodged with the Police regarding felling of trees by the petitioners, which was, however, not registered and thereafter, again on 24.07.2024, at around 01:00 am midnight, the petitioners and other miscreants armed with dangerous weapons broke into the informant's house and committed mischief and outraged the modesty of the informant's aunt and assaulted the informant's specially abled son and committed theft of 3 gas cylinders, and a cash of Rs. 35,000/- and a box and documents etc.

¶5The learned Additional Public Prosecutor has submitted that the petitioners have appeared before the IO and they have cooperated with the investigation and their statements have been recorded.

¶6I have also considered the submission that there is a prevailing land dispute between both the parties. The land referred to by the informant originally belonged to Ishwar Mahaprabhu Govindo Das Baishnav. It is submitted that not being the legal heirs of the donor Ishwar Mahaprabhu Govindo Das Baishnav, the informant tried to claim ownership over the disputed land and they have brought up a civil suit also against the former Managing Committee of the holy land, i.e., the land in dispute. Page No.# 4/4

¶7At present, the petitioners are on interim bail. They have appeared before the Investigating Officer. They have not violated any bail conditions. The petitioners are willing to abide by any stringent conditions, if imposed upon them.

¶8Considering all aspects, the interim pre-arrest bail order dated 21.10.2024, is hereby made absolute under the conditions that-

i) the petitioners shall appear before the IO within one week and cooperate with the investigation,

ii) the petitioners shall appear before the IO on every fortnight, till completion of investigation, and

iii) the petitioners shall not leave the jurisdiction of the Court, without prior permission.

8.1. On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶9Anticipatory Bail Application stands disposed of.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010213112024 ooooooo 2024:GAU-AS:11692 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2771/2024o PARITOSHoNATHoANDo3oORS.o S/OoLATEoGURAMONIoNATH,oVILL-oJOYKRISHNAPUR,oP.S.-LALA,oP.O.- RONGPURoSOUTH,oDIST-oHAILAKANDI,oPIN-788163 2:oPARTHOoPROTIMoNATHo@oPARTHOoNATH oS/OoPARITOSHoNATH oVILL-oJOYKRISHNAPUR oP.S.-LALA oP.O.-RONGPURoSOUTH oDIST-oHAILAKANDI oPIN-788163 3:oANUPoKUMARoNATHo@oANUPoNATH oS/OoLATEoANILoKUMARoNATH oVILL-oRONGPURoPART-V oP.O.-RONGPURoSOUTH oP.S.-LALA oDIST-oHAILAKANDI oPIN-788163 4:oSAJANoKUMARoNATHo@oSAJONoNATH oS/OoDIGENDRAoNATH oVILL-oRONGPURoPART-V oP.O.-RONGPURoSOUTH oP.S.-LALA oDIST-oHAILAKANDI oPIN-78816o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM Page No.# 2/4 Advocate for the Petitioner : MR. R A CHOUDHURY, MR. R A MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND