Abhigyan Dutta and 4 Ors v. The State of Assam

ORDER Date : 22.01.2024

Heard Mr. B. Haldar, learned counsel appearing for the petitioners. Also Heard Mr. K. K. Parasar, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely 1. Abhigyan Dutta, 2. Zakaria Hazarika, 3. Partho Protim Murmu, 4. Suhail Ahmed, 5. Hrisikesh Boruah, apprehending arrest in connection with Bogijan P.S. Case No. 19/2023 registered u/s 341/395/397/427 of the IPC. The case of the prosecution is that on 22.04.2023, while the informant was returning from Santipur, Karbi Anglong to Golaghat, via Nambor Forest on his vehicle, 5 unknown miscreants obstructed his way by blocking the way with one vehicle, bearing registration No. AS 03AG 8483 and assaulted him and, thereafter, robbed him. Accordingly, a case was registered. Mr. Haldar submits that the vehicle bearing registration No. AS 03AG 8483 is registered in the name of the mother of the petitioner No. 1. In the night of

22.04.2023, when the petitioner No. 1 along with petitioner Nos. 2, 3, 4 and 5 were going towards Golaghat from Karbi Anglong, they met with an accident by hitting the informant's car and, thereafter, some altercation took place between them. Since the Page No.# 3/4 informant has lodged the present FIR, the petitioners are now apprehending that they may be roped in the present investigation and, as such, they have applied for pre-arrest bail. He further submits that the allegations made in the FIR regarding stealing away Rs.40,000/- and a mobile phone from the informant are totally false and that the petitioners are innocent and belongs to reputed family and are teenage boys having no criminal antecedent. Mr. Parasar, learned Addl. P.P., opposed the prayer of the pre-arrest bail and submits that the investigation is at the initial stage. Further, on the basis of the statement of the mother of the petitioner No. 1 recorded under Section 161 Cr.P.C., he submits that the petitioner No. 1, who was at the rehabilitation centre, had gone out in the night of the incident and neither he came back to the rehabilitation centre nor returned to his home at that night. I have considered the submissions made at the Bar and have also perused the materials available on record including the case diary. From the case diary, it appears that the Investigating Officer has not yet collected any adverse materials as regards the petitioners showing their involvement in the alleged offence. The statement of the mother of the petitioner No. 1 is not conclusive of the fact that the petitioner No. 1 has participated in the offence in hand. Since the investigation is going on and the petitioners are willing to co-operate, this Court is inclined to grant the petitioners the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest, the petitioners, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- each with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioners shall appear before the Investigating Officer within 7 days;

(ii) That the petitioners shall not hamper or tamper with the investigation Page No.# 4/4 in any manner; and

(iii) That the petitioners 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. Return the case diary. This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010000722024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/63/2024o ABHIGYANoDUTTAoANDo4oORSo S/OoGUNJAoNATHoDUTTAo R/OoPACHIMoBONGALoPUKHURIo JAYANAGAR,oP.O.ANDoP.S.oJORHAT,o INoTHEoDISTRICToOFoJORHAT,oASSAM 2:oZAKARIAoHAZARIKA oS/OoRASIDULLAHoHAZARIKAo R/OoRANGHARoCHARIALI oNA-ALI oINoTHEoDISTRICToOFoSIVASAGAR oASSAM 3:oPATHOoPROTIMoMURMU oS/OoDIMBULALoMURMUo R/OoMOHMAIKIoGAONo(2) oP.O.oANDoP.S.oBOKAKHAT oINoTHEoDISTRICToOFoGOLAGHAT oASSAM 4:oSUHAILoAHMED oS/OoAMIRULoAHMEDo R/OoJULAGAON oJOYSAGAR oINoTHEoDISTRICToOFoSIVASAGAR oASSAM 5:oHRISIKESHoBORUAH oS/OoTANKESWARoBORUAHo R/OoMOHMAIKIoGAONo(PART-II) oBOKAKHAToINoTHEoDISTRICToOFoGOLAGHAT oASSAo VERSUSo Page No.# 2/4 THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B HALDAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI