Krishna Jyoti Saikia v. The State of Assam

ORDER 31-05-2023 Heard Mr. T Chutia, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State.

¶2By this application under Section 438 CrPC, the petitioner, namely, Krishna Jyoti Saikia, apprehending his arrest is seeking pre arrest bail in Pulibor Police Station Case No.79/2023 registered under Sections 341/325/506/395 IPC corresponding to G.R. Case No. Page No.# 2/3 364/2023.

¶3As per the FIR of the case, the informant, one driver of a Magic Vehicle on 22.04.2023 lodged a written Ejahar before the Officer-in-Charge of Pulibor Police Station stating that in the evening at around 6 PM when he was driving the said transport vehicle, about five persons coming in a car bearing Registration No. AR01-F-0967 obstructed him and snatched away money from his pockets and assaulted him, thereby injured him and threatened him saying that if he goes to report it to the police; he has to face dire consequences. The said informant also indicated that out of those five persons, he could identify only one, namely, Krishna Jyoti Saikia, the present petitioner from village-Borhuj.

¶4Accordingly, Pulibor Police Station Case No.79/2023 corresponding to G.R. Case No. 364/2023 was registered under Sections 341/325/506/395 IPC, as noted above.

¶5The Court while asking for the Case Diary vide order dated 16.05.2023 granted interim pre-arrest bail to the petitioner in said Pulibor P.S. Case No.79/2023.

¶6Accordingly, the petitioner appeared before the concerned I.O. of Pulibor P.S. Case No.79/2023 on 23.04.2023 and gave his statement before the concerned I.O. of the case, admitting about the assault on the said driver.

¶7Perused the Case Diary produced before the Court today by Mr. B Sharma, learned Additional Public Prosecutor, Assam.

¶8Seen the statements of the witnesses so far recorded by the concerned I.O. of the case, including that of the informant/victim, passengers of the said vehicle driven by the informant, brother of the petitioner, the village headman from the village of the petitioner.

¶9The concerned I.O. of the case wrote that as on date, seven other cases are pending against the petitioner with various criminal charges and that the petitioner in all such cases snatched away money from different persons and assaulted them.

¶10Finding sufficient incriminating materials against the petitioner regarding his involvement in the case, noted above, the Court is of the view that this case is not a fit case to grant pre-arrest bail to the petitioner, namely, Krishna Jyoti Saikia, in said Pulibor P.S. Case No.79/2023 corresponding to G.R. Case No. 364/2023 registered under Sections Page No.# 3/3 341/325/506/395 IPC.

¶11Accordingly, the interim pre-arrest bail granted to the petitioner on 16.05.2023 in said Pulibor P.S. Case No.79/2023 corresponding to G.R. Case No. 364/2023 is hereby recalled/stands vacated.

¶12Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010101172023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1700/2023 KRISHNA JYOTI SAIKIA S/O SRI BHUBAN SAIKIA R/O VILL- PANICHAKUA BORHUJ GAON,, P.S. PULIBOR DIST. JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK