Himangshu Deka v. The State of Assam

ORDER

06.06.2023 Heard Mr. P. Das, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Addl. PP for the State.

¶2This anticipatory bail application has been filed by the petitioner, namely, Himangshu Deka apprehending arrest in connection with Mukalmua P.S. Case Page No.# 2/3 No. 284/2023 under Sections 341/294(A)/325/307/379/34 of the IPC.

¶3The learned counsel for the petitioner submits that by an FIR dated

07.05.2023 lodged by the informant. It was alleged that the petitioner and another person assaulted his son, Chintu Barman, at the shop of Nitul Barman which is located at No. 1, Bortola Chowk. The incident occurred on 06.05.2023 at about 10PM. It was alleged that the accused persons abused his son with an intention to kill him and inflicted serious injury of his eyes, ears, head and different parts of the body. They also snatched away of Rs. 72,200/- which was the amount he received from different customers. It is stated that the injury sustained are serious as he has been referred to Nalbari Civil Hospital. The said FIR was received and registered as Mukalmua P.S. Case No. 284/2023 under Sections 341/294(A)/325/307/379/34 of the IPC.

¶4This Court had called for the case diary along with injury report. The learned Addl. PP has presented the case diary before this Court.

¶5The case diary produced has been carefully perused.

¶6Upon perusal of the case diary, no materials are found which incriminates the petitioner at this stage of investigation. No materials are also seen in the case diary that grant of anticipatory bail to the petitioner will impede the investigation carried on.

¶7Upon due consideration of all the above, this Court is of the view that the petitioner can be released on anticipatory bail as prayed for.

¶8Accordingly, the petitioner, named above, in connection with the aforesaid case, be released on bail upon furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions: Page No.# 3/3

(i) That the petitioner shall appear before the Investigating Officer within 10 days from today;

(ii) That the petitioner shall not hamper or tamper with the investigation in any manner;

(iii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

(iv) That the petitioner shall not move out of the jurisdiction of Mukalmua P.S without obtaining prior permission from the concerned Investigating Officer of the case.

¶9In the event, the petitioner is found to have violated any of the above conditions or is found to be involved in other offences, the Investigating Officer shall be at liberty to apply for recall/cancellation of the pre-arrest bail granted to the petitioner.

¶10The anticipatory bail application stands disposed of.

¶11Return

the

case

diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010104082023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1733/2023 HIMANGSHU DEKA S/O TARUN DEKA R/O VILL- 1 NO. BORTALA P.S. MUKALMUA DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR P DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA