Hare Ram Yadav and 2 Ors v. State of Assam

ORDER

29.07.2024 Heard Mr B K Das, learned counsel for the petitioners, 1) Sri Hare Ram Yadav, 2) Shri Shyam Kumar @ Shyam Kumar Yadav and 3) Sri Ankush Kr. Yadav.

¶2The petitioners have filed this application under Section 438 of the Code of Criminal Procedure, 1973, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Bharalumukh PS Case No. 86/2023, under Sections 302/34 of the Indian Penal Code, 1860.

¶3Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam/respondent.

¶4I have considered the submissions at the Bar with circumspection and I have also scrutinized the Case Diary.

¶5The FIR unfolds that on the night of 26.02.2024, Ramyatan Yadav was killed near his place of residence near Abhaychand Gali, Kumarpara, Guwahati and on the following morning his body was found and the Police was informed.

¶6It is submitted on behalf of the petitioners that as the petitioners were residing in the same compound and they were working under the same contractor, they are apprehending arrest in connection with this case as each and every worker under the same contractor is a suspect in this case.

¶7It is submitted that the prime accused Mithun Yadav has already been arrested in Page No.# 3/4 connection with this case and he has been released on bail vide order dated 05.06.2024, passed by this Court in connection with Bail Application 1555/2024.

¶8The merits of this case are not brought to the fore.

¶9Case Diary reveals that investigation has progressed to a considerable extent. Custodial interrogation of the petitioners may not be required.

¶10The petitioners are local residents and they are not flight risks.

¶11I have considered the role attributed to the petitioners.

¶12The petitioners have pledged to cooperate with the investigation and to abide by any stringent bail conditions, if imposed upon them.

¶13Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 50,000/-each, with a suitable surety each of the like amount to the satisfaction of the arresting authority, under the conditions that:-

i) the petitioners shall appear before the IO within 7 (seven) days from today and cooperate with the investigation,

ii) the petitioners shall not leave the jurisdiction of the Court, without prior permission, and

iii) the petitioners shall not tamper with the evidence or exercise threats to the witnesses On breach of any of the bail conditions, the bail order of the petitioners shall automatically stand cancelled. Page No.# 4/4

¶14Bail Application stands disposed of.

¶15Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010129032024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1694/2024o HAREoRAMoYADAVoANDo2oORS.o S/OoJAHRIoYADAV,oR/OoKABAIL,oP.O.-RAJOUR,oP.S.-GARAHPUR,oDIST-o BEGUSARAI,oBIHAR 2:oSHYAMoKUMARo@oSHYAMoKUMARoYADAV oS/OoHAREoRAMoYADAV oR/OoKABAIL oP.O.-RAJOUR oP.S.-GARAHPUR oDIST-oBEGUSARAI oBIHAR 3:oANKUSHoKR.oYADAV oS/OoBISHUNDEVoYADAV oR/OoPATAHI oP.S.-CHHORAHI oDIST-oBEGUSARAI oBIHARo VERSUSo STATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oBoKoDASo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND