Jitul Bhargav @ Jitul Bhargab Sharma v. The State of Assam

ORDER

10.12.2024

¶1Heard Mr P K Sharma, learned counsel for the petitioner, Jitul Bhargav @ Jitul Bhargab Sharma, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Jalukbari PS

Case

No.

393/2024,

under

Sections Page No.# 2/3 115(2)/127(3)/132/189(2)/296/3(5)/324(3) / 324(5)/ 61(2) of the BNS, 2023.

¶2Heard Mr K K Das, learned Additional Public Prosecutor for the State of Assam.

¶3The FIR unfolds that on 15.08.2024, while the informant, a Police Officer was discharging his duty at the Police Station, the petitioner and Sunny Kalita lodged two FIRs, regarding clash between two groups and on the basis of the FIR, a GD Entry No. 21, dated 15.08.2024 was registered and the informant/petitioner was medically examined and they were informed that investigation will proceed on the basis of the FIR, but after some time, the petitioner in a pre-planned manner entered into the Police Station along with some miscreants and verbally abused and threatened the second OC, SI Mazibul Islam, in connection with the FIR lodged by the petitioner and insisted on arresting the accused persons named in the FIR lodged by the petitioner. The Police officials in the Police Station assured the petitioner that appropriate steps would be taken against the culprits, but the disturbing situation got escalated and then, the informant along with second OC, Mazibul Islam, ASI Ranjit Singh and other Police personnel came out of the Police Station to control the situation. A lady named Tulu Devi instigated the mob and the mob became more aggressive and started recording videos on their mobile and they also rebuked the Police officials uttering obscene words. The mob also pushed the informant and took him out of the Police Station and started recording videos to defame the informant. This situation was brought under control by ASI Ranjit Singh and some other Police personnel, who were also assaulted in the process. The mob Page No.# 3/3 also damaged the front glass of the Police vehicle, bearing Registration No. AS-01-BS-9198.

¶4It is submitted on behalf of the petitioners that similarly circumstanced accused have been granted bail by this court vide order dated 02.09.2024, in connection with AB No. 2274/2024 and vide order dated 02.09.2024, in connection with Bail Application No. 2549/2024.

¶5It is further submitted that the learned trial Court has also granted bail to the accused Naba Athparia, in connection with this instant case.

¶6I have considered the submissions at the Bar with circumspection.

¶7Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶8I have scrutinized the Case Diary.

¶9Indeed, there are incriminating materials in the Case Diary, against the petitioner.

¶10I have considered the nature and offence alleged against the petitioner.

¶11At this juncture, I am not inclined to grant bail to the petitioner.

¶12Considering all aspects, petition with prayer for bail stands rejected, at this stage.

¶13Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010227542024 2024:GAU-AS:12555 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2860/2024 JITUL BHARGAV @ JITUL BHARGAB SHARMA S/O SHYAM NATH SARMA RESIDENT OF TINIALI ROAD, KAMAKHYA GUWAHATI 781010, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. M MORE, MR. P K SHARMA,MR. A BORPUZARI Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND