Hemen Kalita v. The State of Assam

ORDER Date : 07-06-2024

Heard Mr. H.K. Das, learned counsel for the petitioner Sri Hemen Kalita.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for pre–arrest bail as he is apprehending arrest in connection with Dispur Police Station Case No. 491/2024 Page No.# 2/3 under Sections 153A/294/325/34/354/392/427/448 of the Indian Penal Code, 1860.

¶3Heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that on 21.05.2024 at about 4.30 PM the owners of 'S. & Fitness Gym' situated above the shop of the informant, came outside the informant's shop and started abusing the informant with obscene words, insulting the community of the informant. The petitioner and his brother also destroyed the articles in the informant's shop and assaulted the younger son of the informant Alok Poddar causing injures on his person. The petitioner and his brother also snatched away a silver bracelet amounting to Rs.15,000/- (Rupees Fifteen Thousand).

¶5I have considered the submissions at the bar with circumspection. I have scrutinized the Case Diary.

¶6The petitioner's brother has already been arrested in connection with this case. I have considered the submission that the petitioner's custodial interrogation may not be required for further progress of investigation. The Case Diary reveals that investigation has progressed to a considerable extent. The petitioner is willing to abide by any stringent conditions if imposed upon him.

¶7Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶8In the interim and in the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the Page No.# 3/3 arresting authority under the conditions that:

(i) The petitioner shall appear before the Investigating Officer within 7 (Seven) days and cooperate with investigation.

(ii) The petitioner shall refrain from such activities with which he is alleged.

(iii) The petitioner shall not leave the jurisdiction of the jurisdictional Court without prior permission till completion of investigation.

¶9On breach of any of the bail conditions, bail order shall stand cancelled.

¶10In the above terms, this Anticipatory Bail application stands disposed of.

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010109782024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1436/2024 HEMEN KALITA SON OF LATE PRABHAT KALITA, RESIDENT OF HOUSE NO 116, RAJIB GANDHI PATH, UDAI NAGAR, KOINADHARA POLICE STATION BASISTHA, DISTRICT KAMRUM METRO GUWAHATI-22 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H K DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND