Upendra Kumar Das and Anr v. The State of Assam

ORDER Date : 29-05-2024

Heard Mr. A. Gogoi, learned counsel for the petitioners.

¶2The petitioners namely 1. Sri Upendra Kumar Das and Sri Sanjay Kumar Das have filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) with a prayer for pre-arrest bail as they are apprehending arrest in connection with Jalukbari Police Station Case No. 202/2024 under Sections 352/294/458/323/34 of the Indian Penal Code, 1860 (IPC for short).

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

¶4I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary.

¶5On a dispute relating to dipper light at night, the petitioners entered into the premises of the informant and attempted to assault the informant whereas the informant's wife sustained injury on her hand. That the petitioners using obscene words and verbally abused them. This incident occurred on 10.04.2024. Again on 17.04.2024, at about 12 o' clock mid night, the petitioners created a Page No.# 3/3 violent situation and the informant lodged the FIR on 18.04.2024. The petitioners called out the informant by his name on 19.04.2024 at about 12 o' clock midnight and threatened him.

¶6I have considered the submission at the bar that the petitioners who are on interim bail have appeared before the Investigating Officer and their statements have been recorded. The petitioners have not violated bail conditions. A scrutiny of the Case Diary reveals that investigation has progressed to a considerable extent. The petitioners are willing to cooperate with the remaining part of investigation.

¶7Considering all aspects, the interim order dated 29.04.2024 is hereby made absolute under the conditions that:

(i) The petitioners shall refrain from such activities with which they are alleged.

(ii) The petitioners shall not leave the jurisdiction of the Court without prior permission till completion of investigation.

¶8On breach of any of the bail conditions, bail order stand cancelled.

¶9In the above terms and observations, this Anticipatory Bail application stands disposed of.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010084442024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1098/2024o UPENDRAoKUMARoDASoANDoANR.o S/OoLATEoRABINoKUMARoDASo R/OoRAILWAYoCOLONY,oOPPOSITEoTOoQUARTERoNO.o223/B,oEASTo MALIGAONoNEARoSANKARDEVoNAMGHAR,o4oNO.oGATE,oP.S.oJALUKBARI,o P.O.oMALIGAON,oDISTRICToKAMRUPo(METRO),oASSAM,oPIN-781011 2:oSANJAYoJYNARoDAS oS/OoLATEoRABINoKUMARoDASo R/OoRAILWAYoCOLONY o OPPOSITEoTOoQUARTERoNO.o223/B oNEARoSANKARDEVoNAMGHAR oEASToMALIGAON o 4oNO.oGATE oP.O.oMALIGAON oP.S.oJALUKBARI oDIST.oKAMRUPo(M) oASSAM oPIN-781011.o PRESENTLYoRESIDINGoAToDoADARA oHAJOoROAD o SAROJINIoMARKET o P.O.oANDoP.S.oHAJOo DIST.oKAMRUPo(R) oASSAM o PIN-78110o VERSUSo THEoSTATEoOFoASSAMo Page No.# 2/3 REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND