Ankur Kalita v. The State of Assam

ORDER Date : 10-04-2024 Heard Ms. G. Deka, learned counsel for the petitioner Ankur Kalita.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Tamulpur Police Station Case No. 241/2023 under Sections 307/379/511/34 IPC read with Section 25 of Indian Telegraph Act. Page No.# 2/3

¶3Heard Mr. K. Baishya, learned Additional Public Prosecutor for the respondent State.

¶4The allegation against the petitioner is that he along with his co-accused have been involved in theft of mobile tower batteries. During investigation it was found that an attempt was made to commit theft at the Battery bank, RRU ETC at the Tower situated at GHGMR-1 at village Souraguri. However, the Investigating team could apprehend the miscreants but the petitioner fled the scene.

¶5I have considered the submissions at the bar. It is submitted on behalf of the petitioner that he is apprehending arrest as the police has seized the mobile handset from his wife. The co-accused who have already been arrested in connection with this case are on bail.

¶6The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the case diary against the petitioner.

¶7I have perused the case diary. Indeed there are incriminating materials in the case diary against the petitioner. Investigation has progressed to a considerable extent. The petitioner has pledged to cooperate with the remaining part of the investigation as well as with the trial. The petitioner is willing to abide by any bail conditions if imposed upon him. It appears that custodial interrogation may not be required as investigation has progressed to a considerable extent.

¶8Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) to the satisfaction of the arresting authority under the conditions that: Page No.# 3/3

(i) The petitioner shall appear before the Investigating Officer and cooperate with the investigation.

(ii) The petitioner shall not leave the jurisdiction of the Court till completion of the trial.

(iii) The petitioner shall refrain from such activities with which he is alleged.

¶9On breach of any bail conditions, bail order shall stand cancelled.

Send back the case diary.

In the above terms, this anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010062452024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/801/2024 ANKUR KALITA S/O ASWINI KALITA, VILL- PALARA, P.S.-KAMALPUR, DIST-KAMRUP (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS G DEKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND