Ashit Chanda v. The State of Assam

ORDER Date : 13.06.2024 Heard Ms. S.D.Choudhury, learned counsel for the petitioner. Also heard Mr. B.Sharma, learned Addl. Public Prosecutor for the State/respondent. By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Ashit Chanda has prayed for granting of pre-arrest bail, apprehending arrest in connection with Patharkandi P.S. Case No.138/2024 under Sections 120B/153A/295/326/307/34 of the Page No.# 2/3 IPC R/w Section 67 A of IT Act ( CR Case No. 483/2024). The case diary is placed before the court. It is submitted by learned counsel for the petitioner that the petitioner is a police personnel. He was passing through the road and he was present on the spot by chance. He is not involved in the alleged offence. Being a police personnel, he is apprehending arrest and as such, prays for pre-arrest bail. The learned Addl.P.P. has produced the case diary and submits that the allegation against the present petitioner is that he has cut the hair of the victim boy who was involved in the eve teasing of the school girls. The injury report of the victim boy reveals that he sustained simple injury caused by blunt object. I have perused the case diary. Having heard learned counsel for the parties and in the backdrop of facts as emerged from the case diary, this Court finds it not expedient for custodial interrogation of the petitioner. In view of above, the prayer for anticipatory bail is hereby granted. It is provided that in the event of arrest of the petitioner, named above, he shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.40,000/-( Forty Thousand ) with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer within 10 days from today failing which, on the 11th day, the anticipatory bail order shall automatically expire;;

(ii) 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/her from disclosing such facts to the Court or to any police officer. Return the case diary. This disposes of the anticipatory bail application.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010104672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1390/2024 ASHIT CHANDA S/O AMRESH CHANDA, R/O VILL- MOINA, P.O.-KANAIBAZAR, P.S.- PATHARKANDI, DIST- KARIMGANJ, ASSAM, PIN CODE 788724 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MRS. S D CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI