Ratul Saikia v. The State of Assam

ORDER

23.01.2024

Heard Mr. B. Islam, learned counsel for the petitioner. Also heard Ms. N. Das, learned Addl. P.P, Assam. Page No.# 2/3 This is an application under Section 438 of the Code of the Criminal Procedure, 1973 praying for granting pre-arrest bail to the petitioner namely Sh. Ratul Saikia in connection with North Lakhimpur P.S. Case No. 1/2024 under Section 326/307/506 IPC. The case of the prosecution is that the informant's brother was attacked by the accused with a Mit Dao and caused grievous injury on his head, face and left leg. Accordingly, a case was registered. Apprehending arrest, the instant anticipatory bail application has been preferred. The Case Diary as called for is placed before this Court. Ms. N. Das, learned Addl. P.P submits that no adverse report is there against the petitioner from the Investigating Officer. Further, by referring to the medical report, she submits that there is no external injury noted. In view of the above, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, the petitioner is granted pre-arrest bail on furnishing bail bond of Rs. 20,000/-with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:-

(i) That the petitioner shall appear before the Investigating Officer within 7 days, failing which on and from the 8th day, the interim pre-arrest bail order shall have no force;

(ii) That the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the Page No.# 3/3 facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; and

(iii) That the petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission. Accordingly, the application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010003292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/71/2024 RATUL SAIKIA S/O LATE UMESH SAIKIA R/O VILL- RANGPURIA, KACHUA, DHALPUR P.O. AN DP.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI