Shashadhar Rabha v. The State of Assam

ORDER

14.05.2024 Heard Mr. B.K. Bhagawati, learned counsel for the applicant and also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/3

¶2Apprehending arrest in connection with Boko P.S. Case No.157/2024 under Section 498(A) IPC, this application under Section 438 Cr.P.C. is preferred by applicant, namely, Shashadhar Rabha, for grant of pre-arrest bail.

¶3It is to be noted here that the above-noted case has been registered on the basis of an FIR lodged by one Purabi Kalita, on 05.04.2024. The essence of allegation made in the aforesaid FIR is that she got married with one Shashadhar Rabha in a Temple and thereafter, they started living together as husband and wife. Thereafter, on 01.04.2024, at about 11:00 p.m. Shashadhar Rabha along with Reboti Rabha, Barnali Rabha and Papori Rabha, subjected her both physical and mental cruelty and in the morning they had thrown her out from their house and threatened to kill her and also her family members, on failing to fulfill their demand of dowry.

¶4Mr. Bhagawati, learned counsel for the applicant submits that this Court vide order dated 23.04.2024 was pleased to extend the privilege of interim pre-arrest bail to the applicant and pursuant to the said order, the applicant had appeared before the I.O. and his statement is also recorded and therefore, Mr. Bhagawati contended that the interim order dated 23.04.2024, may be made absolute, in the same terms and conditions.

¶5On the other hand, Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, producing the case diary before this Court submits that the applicant has appeared before the I.O. and cooperating with the investigating agency and in view of the progress of investigation, Mr. Gogoi submits that custodial interrogation of the present applicant may not be required in the interest of investigation.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Gogoi, learned Additional P.P.

¶7The case diary indicates that the applicant has appeared before the I.O. and Page No.# 3/3 cooperating with the investigating agency. Further, it appears that the I.O. has achieved substantial progress in the investigation of this case and in view of above, custodial interrogation of the applicant seems to be not warranted here in this case and therefore, this Court is inclined to make the interim order dated 23.04.2024, absolute, in the same terms and conditions. Case diary be returned.

¶8In terms of above, this anticipatory bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010077932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1022/2024 SHASHADHAR RABHA S/O SRI PRABIN RABHA R/O VILL- TEPCHIA P.S. BOKO DIST. KAMRUP, ASSAM, PIN-781123 VERSUS THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. B K BHAGAWATI Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN