Rajib Kalita and 2 Ors v. The State of Assam

ORDER

26.07.2024 Heard Mr D C Kath Hazarika, learned counsel for the petitioners, 1) Sri Rajib Page No.# 2/3 Kalita, 2) Sri Lakhya Jyoti Nath @ Lakhyajit Nath, and 3) Sri Kiriti Keot, who 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 Tezpur Police Station Case No. 235/2024, corresponding to G.R. Case No. 683/2024 under Sections 389/392/34 of the Indian Penal Code, 1860.

¶2Heard Mr B B Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioners and the co-accused named in the FIR is that they identified themselves as journalists from T.V. channel and they acted aggressively and demanded Rs.71,000/- (Rupees Seventy One Thousand) and snatched away one gold chain from the informant and his companion and they also snatched away money amounting to Rs.25,000/- (Rupees Twenty Five Thousand) each (three times) through Gpay and Rs.25,000/- (Rupees Twenty Five Thousand) through ATM.

¶5It is submitted on behalf of the petitioners that both the parties have amicably settled their dispute and this clearly reveals that a false case has been foisted against the petitioners. Annexure-G-1 of the petition is the Deed of Settlement between the parties which clearly reveals that this case was instituted due to some misunderstanding.

¶6Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners, but the petitioners have appeared before the IO and have cooperated with the investigation. Page No.# 3/3

¶7I have considered the submissions at the Bar with circumspection.

¶8The petitioners have not violated any bail conditions.

¶9Case Diary reveals that investigation has progressed to a considerable extent.

¶10It appears that custodial interrogation of the petitioners may not be required. The petitioners have pledged to abide by any stringent conditions, if imposed upon them.

¶11Considering all aspects and in view of my foregoing discussions, the interim order dated 11.07.2024, is hereby made absolute, under the conditions that-

i) the petitioners shall refrain from such activities with which they are alleged, and

ii) the petitioners shall not leave the jurisdiction of the Court, without prior permission. On breach of any of the conditions, this bail order shall automatically stand cancelled.

¶12With the aforesaid directions, this Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010129672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1702/2024 RAJIB KALITA AND 2 ORS. S/O SRI TARINI KALITA, R/O CHANDMARI, LACHIT NAGAR, P.O. AND P.S.- TEZPUR, DIST-SONITPUR (ASSAM), PIN-784001 2: LAKHYA JYOTI NATH @ LAKHYAJIT NATH S/O SRI DIPAK NATH R/O VILL- BESSERIA KANAI P.O.-BESSERIA, P.S.-TEZPUR DIST- SONITPUR (ASSAM), PIN-784001 3: KIRITI KEOT S/O SRI BADAN KEOT R/O VILL- DEKARGAON PUTHIKHATI P.O.-DEKARGAON, P.S.-TEZPUR DIST- SONITPUR (ASSAM), PIN-78400 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D C K HAZARIKA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND