Bikash Singh v. The State of Assam

ORDER

30.05.2024 Heard Mr. D. Kalita, learned counsel for the applicant and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Bharalumukh P.S. Case No.77/2024 under Page No.# 2/3 Section 341/294/325/379/427/34 IPC, this application under Section 438 Cr.P.C. is preferred by the applicant, namely, Bikash Singh, 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 Nitul Bora, on 21.04.2024. The essence of allegation made in the aforesaid FIR is that while the informant was installing water pipe and valve at Bishnupur in connection with supply of water, then one Bikash Singh, Biki, Veer, Rohit Bhuyan and Anand Yadav caused mischief of the vehicle (JCB) by which the articles were carried and also took away the key of the said vehicle and assaulted the labours and the driver of the vehicle, and also stolen away the goods from the aforesaid vehicle, and also the mobile handsets of the driver and two labours.

¶4Mr. Kalita, learned counsel for the applicant submits that the applicant was granted the privilege of interim pre-arrest bail by this Court, vide order dated 03.05.2024 and pursuant to the said order, he had appeared before the I.O. and his statement is also recorded and he has been extending cooperation with the investigating agency and therefore, Mr. Kalita has contended that the interim order dated 03.05.2024, may be made absolute, in the same terms and conditions.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the I.O. has collected incriminating materials against the present applicant. However, Mr. Sarma submits that the applicant had appeared before the I.O. and extending cooperation with the investigating agency.

¶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. Sarma, learned Additional P.P.

¶7It is not in dispute that the applicant had appeared before the I.O. and cooperating with the investigating agency pursuant to the order of this Court dated 03.05.2024. Though the I.O. has collected some incriminating materials against the present applicant Page No.# 3/3 and based on which Mr. Sarma has opposed the prayer, yet, in view of the cooperation being extended by the applicant as well as the progress of investigation, 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 03.05.2024, 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 GAHC010089072024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1142/2024 BIKASH SINGH S/O KAMAL SINGH, RESIDENT OF BISNUPUR GUWAHATI, PS BHARALUMUKH, DIST KAMRUP M ASSAM 781016 VERSUS THE STATE OF ASSAM REP. BY PP ASSAM Advocate for the Petitioner : MR D KALITA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN