Raju @ Raju Ali and 4 Ors v. The State of Assam

ORDER Date : 23 .02. 2024 Heard Mr. MI Hussain, learned counsel for the petitioners and Mr. KK Das, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 438 Cr.P.C., filed by the petitioners, praying for pre-arrest bail who are apprehending arrest in connection with Abhayapuri P.S. Case No. 25/2024 under Sections 120B/ 304B IPC. Case diary is received without post mortem report. Perused the case diary and the materials on record. Heard both sides. It is submitted by Mr. Hussain, the learned counsel for the petitioners that all the petitioners are the members of the same family and they are cultivators and labourers staying together. The petitioner No. 1 is the husband of the victim and he is a blind person and he is 100% disable. The medical certificate is also given by the authority concerned wherein it is seen that the petitioner No. 1 is 100% blind and disable person and there is no allegation of torture and demand of dowry to attract Sections 120B/ 304B IPC. He further submits that the deceased was mentally not sound and she tried to commit suicide due her mental disorder and other petitioners are innocent and no way involved with the alleged offence. There are no such ingredients in the FIR to attract Sections 120B/ 304B IPC. He further submits that the petitioners are ready and willing to co-operate with the I.O., if the privilege of pre-arrest bail Page No.# 3/4 is granted to them. In this context, Mr. Das, the learned Addl. PP has submitted that the post-mortem report is not received. However, case diary is available and on perusal of the case diary, it is seen from the statement of the witnesses, who are neighbourers of the petitioners and victim that no allegation of demand of dowry and physical torture are brought by the witnesses, who are being examined by the I.O under Section 161 Cr.P.C. Considering the submissions of the learned counsel for the parties and considering the materials available in the case diary it is seen that there is no allegation of demand of dowry or physical torture on the deceased, rather, it is seen that the victim was mentally not stable at the relevant time of alleged incident. Accordingly, this Court is of the view that the benefit of pre-arrest bail may be extended to the petitioners. Accordingly it is provided that in the event of arrest of the petitioners in connection with the aforementioned case, the petitioners be released on pre-arrest bail on furnishing a bond of Rs. 20,000/-each with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the following conditions that:-

¶1the petitioners shall appear before the I.O. within 7 days from today.

¶2the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required;

¶3the 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 any other police officer, and

¶4the petitioners shall not hamper the investigation or temper with the evidence of the case. Return the case diary. In terms of the above direction, the bail application is disposed of. JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010022372024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/281/2024o RAJUo@oRAJUoALIoANDo4oORS.o S/OoBILAToHUSSAINo R/OoVILL-oKAKILAoUTARoPARA,oP.S.oABHAYAPURI,oDIST.oBONGAIGAON,o ASSAM 2:oBILATo@oBILAToHUSSAIN oS/OoLATEoHURMUJoALIo R/OoVILL-oKAKILAoUTARoPARA oP.S.oABHAYAPURI oDIST.oBONGAIGAON oASSAM 3:oROJINAoKHATUNo@oRAJINA oW/OoTAIZoUDDINo R/OoVILL-oKAKILAoUTARoPARA oP.S.oABHAYAPURI oDIST.oBONGAIGAON oASSAM 4:oTAJUo@oTAIZoUDDIN oS/OoBILAToHUSSAINo R/OoVILL-oKAKILAoUTARoPARA oP.S.oABHAYAPURI oDIST.oBONGAIGAON oASSAM 5:oAMIRoHAMJAo@oAMIRoHUSSAIN oS/OoBILAToHUSSAINo R/OoVILL-oKAKILAoUTARoPARA oP.S.oABHAYAPURI oDIST.oBONGAIGAON oASSAo VERSUSo Page No.# 2/4 THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA