Deepraj Chetia and 2 Ors v. The State of Assam

ORDER Date : 07-06-2024

Heard Mr. P. Kataki, learned counsel for the petitioners Sri Deepraj Chetia, Sri Biki Gogoi and Krishna Kanta Gogoi.

¶2The petitioners have filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for pre–arrest bail as they are apprehending arrest in connection with Duliajan Police Station Case No. 75/2024 under Sections 457/326/294/34 of the Indian Penal Code, 1860.

¶3Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioners is that on the intervening night of

25.03.224 and 26.03.2024, the petitioners went to the house of the informant and attacked her husband causing grave injuries on his person.

¶5I have scrutinized the Case Diary and the medico-legal report of the injured person Latumoni Rajkonwar.

¶6The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioners.

¶7The grievous injures sustained by Latumoni Rajkonwar were also inflicted by the petitioner No. 3 Sri Krishna Kanta Gogoi.

¶8The learned counsel for the petitioners has submitted that the petitioners have appeared before the Investigating Officer and they have cooperated with investigation and they are willing to abide by any stringent conditions if imposed upon them. They are local residents and they are not flight risks. Page No.# 3/3

¶9I have considered the submissions at the bar with circumspection. I have scrutinized the Case Diary. Indeed there are incriminating materials against the petitioners. The merits of this case are not brought to the fore.

¶10Considering all aspects and in view of my foregoing discussions, the interim order dated 08.04.2024, so far as the petitioner No. 1 Deeparaj Chetia and the petitioner No. 2 Biki Gogoi are concerned, is hereby made absolute. However, the bail prayer under Section 438 of the CrPC submitted by Krishna Kanti Gogoi is rejected at this stage.

¶11The order of interim bail stands vacated in respect of the petitioner No. 3 Krishna Kanti Gogoi.

¶12In the above terms, this Anticipatory Bail application stands disposed of.

¶13Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010072072024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/922/2024o DEEPRAJoCHETIAoANDo2oORS.o S/OoSRIoPHUNUoCHETIA,oR/OoNOo2oLAZUMoNEARoASEB,oLAGUMoGAONoNOo 1oPLUSo2oTINSUKIA,oMARGHERITA,oASSAM,o786181 2:oBIKIoGOGOI oS/OoSRIoROMESHoGOGOI oR/OoDULIAJANoNO-2 oDIBRUGARH oASSAM-786602 3:oKRISHNAoKANTAoGOGOI oS/OoSRIoACHYUToGOGOI oR/OoDULIAJANoNO-2 oDIBRUGARH oASSAM-78660o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMRSoRoBEGUMo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND