Suranjit Das Choudhury @ Sujit Das Choudhury and 3 Ors v. The State of Assam

ORDER Date : 28.06.2024 Heard Mr. T.J. Mahanta, learned senior counsel for the petitioner. The petitioners, namely, 1. Surajit Das Choudhury @ Sujit Das Choudhury, 2. Jayanta Chakrabarty, 3. Rahul Paul and 4. Sibu Das @ Shivu Das have filed this application under Section 438 Cr.P.C. with prayer for pre-arrest bail as they are apprehending arrest in connection with Silchar Police Station Case No. 441/2024 (G.R. Case No. 980/2024) under Sections 143/341/326/379/307 of the IPC. Heard Mr. D.P. Goswami, learned Addl. P.P., Assam for the State respondent. The FIR unfolds that on 25.05.2024 at about 9-30 PM the accused petitioners named in the FIR accompanied by some other miscreants came to the informant's liquor shop when he was closing his shop and demanded alcohol on credit. When the informant Sukanta Kar refused to provide the alcohol the accused persons named in the FIR assaulted him and snatched away some cash and a gold chain from him. The learned Addl. P.P. has raised objection to the bail. Mr. B.M. Choudhury, learned counsel for the informant has raised objection stating that the informant sustained grievous injury on his head and the petitioners were accompanied with the prime accused, namely, Surajit Das Choudhury with a common intention. I have scrutinised the case diary. There are sufficient incriminating materials in the case diary and the allegations are directed specifically against Surajit Das Choudhury by the victim. Considering the nature of injuries sustained by the victim and all aspects of the matter, the prayer for pre-arrest bail in favour of petitioner No. 1 stands rejected. Page No.# 3/3 However, considering all aspects of the matter the prayer for pre-arrest bail in favour of petitioner Nos. 2,3 and 4 is allowed. In view of the above, it is provided that in the event of arrest of petitioner Nos. 2,3 and 4, named above, in connection with Silchar Police Station Case No. 441/2024 (G.R. Case No. 980/2024) under Sections 143/341/326/379/307 of the IPC, they shall be enlarged on bail of Rs. 50,000/- (Rupees fifty thousand) each with one surety of the like amount to the satisfaction of the arresting authority subject to the following conditions :

¶1The petitioners shall appear before the I.O. within 7 (Seven) days and cooperate with the investigation;

¶2The petitioners shall not tamper with the evidence ; and

¶3The petitioners shall refrain from such activities with which they are alleged.

¶4on breach of any of the above bail conditions, the bail order shall stand cancelled. Send back the Case diary. The bail application is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010120672024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1562/2024o SURANJIToDASoCHOUDHURYo@oSUJIToDASoCHOUDHURYoANDo3oORS.o S/OoLT.oJATINDRAoDASoCHOUDHURYo R/OoVILL-oCHINCOORIEoROAD,o UPENDRAoDHAMoSARANIo P.S.oSILCHAR,oP.O.oAMIKAPATTYo DIST.oCACHAR,oASSAM,oPIN-788004 2:oJAYANTAoCHAKRABARTY oS/OLT.oATULoCHANDRAoCHAKRABARTYo R/OoVILL-oVIVEKANANDAoROAD oLANEoNO.o19 oP.O.oVIVEKANANDAoROAD o P.S.oSILCHAR oDIST.oCACHAR oASSAM o PIN-788007 3:oRAHULoPAUL oS/OoSHRIoRAHITOSHoPAULo R/OoAZADoHINDoROAD o P.S.SILCHAR oDIST.oCACHAR oASSAMo PIN-788007 4:oSIBUoDASo@oSHIVUoDAS oS/OoNORENDRAoDASo R/OoCHINCOORIEoROAD o P.O.VIVEKANANDAoROAD o Page No.# 2/3 P.S. SILCHAR DIST. CACHAR ASSAM PIN-78800 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P K DEKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND