Lakhi Mallik and Anr v. The State of Assam

ORDER Date : 14-06-2024 Heard Mr. M. Biswas, learned counsel for the petitioners Lakhi Mallik and Page No.# 2/3 Rikki Mallik.

¶2The petitioners have filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for pre-arrest bail as they are apprehending arrest in connection with Jalukbari Police Station Case No. 261/2024 under Sections 120B/143/307/323/354/354B/458/506 of the Indian Penal Code, 1860 (IPC for short).

¶3Also heard Ms. N. Das, learned Additional Public Prosecutor for the respondent State. The learned Additional Public Prosecutor has submitted that Case Diary is received without the medico-legal report of the victim Mohan Rajak. It is also submitted by the learned Additional Public Prosecutor that there are incriminating materials against the petitioners in the Case Diary.

¶4I have scrutinized the Case Diary. Indeed there are incriminating materials against the petitioners in the Case Diary. I have also considered the submission that the petitioners are willing to cooperate with the remaining part of the investigation.

¶5It is submitted on behalf of the petitioners that the petitioners have earlier lodged an FIR but it was not registered by the police. The petitioner No. 2 was also assaulted and he has sustained grave injuries on his face. Annexure-4 of the petition reveals the injuries sustained by the petitioner No. 2. It is submitted that a false case has been slammed against the petitioners. The petitioners are booked under Section 323 of the IPC and thus it is apparent that no case under Section 307 has been made out against the petitioners.

¶6I have considered the submission that the petitioners are willing to abide by any stringent bail conditions if imposed upon them. I have also considered the progress of investigation. It appears that custodial interrogation may not be Page No.# 3/3 required for the progress of investigation.

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

¶8In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

(i) The petitioners shall appear before the Investigating Officer within 1

(One) week and cooperate with the investigation.

(ii) The petitioners shall refrain from such activities with which they are alleged.

(iii) The petitioners shall not exercise threats to the witnesses.

(iv) The petitioners shall not leave the jurisdiction of the jurisdictional Court without prior permission.

¶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 GAHC010112712024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1487/2024 LAKHI MALLIK AND ANR W/O LATE RAJBIHARI MALLIK, R/O PANDU NO. 04, FERRY GHAT COLONY, P.S.-JALUKBARI, GUWAHATI-781012, KAMRUP (M), ASSAM 2: RIKKI MALLIK S/O LATE RAJBIHARI MALLIK R/O PANDU NO. 04 FERRY GHAT COLONY P.S.-JALUKBARI GUWAHATI-781012 KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND