Harsha Jyoti Hazarika v. The State of Assam

ORDER Date : 07-06-2024

Heard Mr. D. Deka, learned counsel for the petitioner Sri Harsha Jyoti Hazarika.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for pre–arrest bail as he is Page No.# 2/2 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 petitioner is that on the intervening night of

25.03.224 and 26.03.2024, the petitioner 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 petitioner.

¶8The learned counsel for the petitioner has submitted that the petitioner has appeared before the Investigating Officer and he has cooperated with investigation and he is willing to abide by any stringent conditions if imposed upon him. He is a local resident and he is not flight risk.

¶9I have considered the submissions at the bar with circumspection. I have scrutinized the Case Diary. Indeed there are incriminating materials against the petitioner. 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 29.04.2024 is hereby made absolute.

¶11In the above terms, this Anticipatory Bail application stands disposed of.

¶12Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010083652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1091/2024 HARSHA JYOTI HAZARIKA S/O LATE ASHOK KUMAR HAZARIKA, R/O TAPUBAN NAGAR, DULIAJAN LANE NO. 4, DULIAJAN, DIBRUGARH DISTRICT, ASSAM, PIN- 786602. VERSUS THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR. Advocate for the Petitioner : MR S ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND