Rabin Mazumder and 5 Ors v. The State of Assam

ORDER

03.08.2023

Heard Mr. A.M. Bora, learned Senior Counsel assisted by Mr. V.A. Chowdhury, learned counsel for the applicants and Mr. B. Sarma, learned Addl. P.P. for the State respondent.

¶2Apprehending arrest in connection with Dibrugarh P.S. Case No. 301/2023, under sections 143/147/149/353/333 of the IPC read with sections 14/15 of the Assam Games and Betting Act, this application under Section 438 of Page No.# 3/4 the Code of Criminal Procedure, 1973, is preferred by six applicants, namely, Rabin Mazumder; Puja Mazumder; Prabin Mazumder; Lakhi Mazumder; Kishan Chowdhury; and Jayantee Mazumder for grant of pre-arrest bail.

¶3The said case has been registered on the basis of an FIR lodged by one SI Pradip Borah, on 30.05.2023, to the effect that on that day acting on a tip off he has conducted search at Pradip Sangha Club at Santipara, Dibrugarh along with SI Rituraj Das, Bikash Khanikar and fellow staff at about 10.15 pm and recovered 4 numbers mobile handset and Rs. 14,000/- from one Rabin Mazumder and while they were discharging their duties, about 25/30 men and women came there and created ruckus and obstructed them in discharging their duties and also attacked them and in that incident SI Rituraj and UBC/762 Swapnadeep Hatimuria sustained injuries and accused Rabin Mazumder manage to escape from that place by taking advantage of darkness.

¶4Mr. A.M. Borah, learned Senior Counsel submits that pursuant to the order of this court dated 09.06.2023, the applicants have appeared before the IO and their statements have been recorded and they have been co-operating with the Investigating Agency and that they are innocent and ready to co-operate with the investigating agency and therefore, it is contended to make the interim order, dated 09.06.2023, absolute in the same terms and conditions.

¶5On the other Mr. B. Sarma, learned Addl. P.P. by producing the case diary before this court, submits that the applicants appeared before the IO and their statements are recorded and that the I.O has made sufficient progress in the investigation. To a query of this Court Mr. Sarma submits that custodial interrogation of the applicants are not required in the interest of investigation.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Page No.# 4/4 Prosecutor.

¶7It appears that pursuant to the order dated 09.06.2023, all the applicants appeared before the I.O. and they have cooperating with the investigating agency and their statements have also been recorded. Further, it appears that the I.O. has received substantial progress in the investigation and he has examined several witnesses.

¶8In view of above and also in view of material collected so far in the Case Diary, the custodial interrogation of the applicants seems to be unwarranted here in this case, and therefore, this court is inclined to make the interim order dated 09.06.2023 absolute in the same terms and condition.

¶9In terms of above this AB stands disposed of.

¶10The case diary be returned.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010125472023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2040/2023o RABINoMAZUMDERoANDo5oORSo SONoOFoNANIoGOPALoMAZUMDER,o RESIDENToOFoPRADIPoSANGHAoLANE,o SANTIPARA,oDIBRUGARHoWEST,o POLICEoSTATION-oDIBRUGARH,o DISTRICT-oDIBRUGARH,oASSAM. 2:oPUJAoMAZUMDER oWIFEoOFoRABINoMAZUMDER oRESIDENToOFoPRADIPoSANGHAoLANE oPRADIPoSEWAoSAMITYoSANTIPARA oPASCHIMoCHAWKIDINGEE oDIBRUGARHoWEST oPOLICEoSTATION-oDIBRUGARH oDISTRICT-oDIBRUGARH oASSAM. 3:oPRABINoMAZUMDER oSONoOFoNANIoGOPALoMAZUMDER oRESIDENToOFoPRADIPoSANGHAoLANE oSANTIPARA oDIBRUGARHoWEST oPOLICEoSTATION-oDIBRUGARH oDISTRICT-oDIBRUGARH oASSAM. 4:oLAKHIoMAZUMDER oWIFEoOFoPRABINoMAZUMDER oRESIDENToOFoPRADIPoSANGHAoLANE oSANTIPARA oDIBRUGARHoWEST oPOLICEoSTATION-oDIBRUGARH oDISTRICT-oDIBRUGARH oASSAM. Page No.# 2/4 5: KISHAN CHOWDHURY SON OF MUNUA CHOWDHURY SON OF NANI GOPAL MAZUMDER RESIDENT OF SHANTI PARA PRADIP SANGHA LANE DIBRUGARH WEST POLICE STATION- DIBRUGARH DISTRICT- DIBRUGARH ASSAM. 6: JAYANTEE MAZUMDER SON OF NANI GOPAL MAZUMDER RESIDENT OF PRADIP SANGHA LANE SANTIPARA DIBRUGARH WEST POLICE STATION- DIBRUGARH DISTRICT- DIBRUGARH ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. A M BORA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN