Kulen Kakati and 5 Ors v. The State of Assam

ORDER

27.04.2023 Heard Mr. M. Rahman, learned counsel for the petitioners and Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam for the State.

¶2This anticipatory bail application has been filed by the petitioners, namely,

¶1Sri Kulen Kakati, 2. Sri Chandan Kakati, 3. Sri Samin Das, 4. Sri Ritu Kakati, 5. Sri Karna Kakati, 6. Sri Gajen Kakati, apprehending arrest in connection with Goreswar P.S. Case No. 79/2023 under Sections 353/333/34 of the IPC. Page No.# 3/4

¶3It is submitted that an FIR dated 12.03.2023 was lodged by the informant one Biswajit Debnath alleging assault by some persons while on duty. It is alleged in the FIR that the persons who assaulted the informant was under the influence of alcohol. Pursuant to the FIR, the investigations were initiated and person named in the FIR namely one Utpal Talukdar who had applied for bail, was granted bail by the Sessions Court, Baksa. The learned counsel for the petitioners submits that the episode leading to the dispute of the fight between Utpal Talukdar and the informant was in the presence of huge number of local villagers. It is submitted that the petitioners are resident of the local village and merely on suspicion their apprehending arrest by the police in connection with Goreswar P.S. Case No. 79/2023.

¶4The learned Addl. Public Prosecutor has produced the case diary.

¶5In the case diary, it is seen that investigations have initiated in the matter and the statements of the witnesses present have been recorded. However, no injury report is available in the case diary. Some of the witnesses have mentioned the presence of the present petitioners.

¶6Be that as it may, considering the fact that the matter is under investigation, grant of anticipatory bail to the petitioners at this stage will not hamper the investigations carried on by the police. The anticipatory bail petition is allowed granting anticipatory to the petitioners.

¶7In the event of their arrest, they shall be released on pre-arrest bail, in connection with the above noted case, on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to Page No.# 4/4 the following conditions:

(i) That the petitioners shall appear before the Investigating Officer within 10 days from today;

(ii) That the petitioners shall not hamper or tamper with the investigation in any manner;

(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; and

(iv) That the petitioners shall not leave their jurisdiction of Goreswar P.S without obtaining prior written permission from the concerned Investigating Officer of the case.

¶8In the event, the petitioners are found to have violated any of the above conditions or is found to be involved in other offences, the Investigating Officer shall be at liberty to apply for recall/cancellation of the anticipatory bail granted to the petitioners.

¶9The anticipatory bail application is, accordingly, disposed of.

¶10Return the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010069142023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1222/2023o KULENoKAKATIoANDo5oORSo S/O-oSRIoCHANDIoKAKATI,oR/O-oVILL-oGAROoBASTI,oOUBARI,oP.O.oOUBARI,o P.S.oGORESWAR,oDIST.-oBAKSAo(BTAD),oASSAM 2:oSRIoCHANDANoKAKATI oS/O-oSRIoBALENoKAKATI oR/O-oVILL-oGAROoBASTI oOUBARI oP.O.oOUBARI oP.S.oGORESWAR oDIST.-oBAKSAo(BTAD) oASSAM 3:oSRIoSAMINoDAS oS/O-oLATEoHARICHARANoDAS oR/O-oVILL-oGAROoBASTI oOUBARI oP.O.oOUBARI oP.S.oGORESWAR oDIST.-oBAKSAo(BTAD) oASSAM 4:oSRIoRITUoKAKATI oS/O-oSRIoKANDARPAoKAKATI oR/O-oVILL-oGAROoBASTI oOUBARI oP.O.oOUBARI oP.S.oGORESWAR oDIST.-oBAKSAo(BTAD) oASSAM 5:oKARNAoKAKATI oS/O-oSRIoBALENoKAKATI oR/O-oVILL-oGAROoBASTI Page No.# 2/4 OUBARI P.O. OUBARI P.S. GORESWAR DIST.- BAKSA (BTAD) ASSAM 6: SRI GAJEN KAKATI S/O- SRI MOHAN KAKATI R/O- VILL- GARO BASTI OUBARI P.O. OUBARI P.S. GORESWAR DIST.- BAKSA (BTAD) ASSA VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MAHIBUR RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA