Jitul Swargiari and 2 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010131512024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1693/2024o JITULoSWARGIARIoANDo2oORS.o S/OoSRIoLAKHYAPRASADoSWARGIARIo VILLAGE-oSARUPATHARoGAONo SARUPATHARoNO.o1,o P.O.oSARUPATHAR,oP.S.oSONARIo DIST.oSIVASAGAR,oASSAM 2:oRIKHOVRAJoKONWAR oS/OoSRIoANUPoKONWARo VILL-oNAFUKoGAON oSONARIo P.O.oSONARIo P.S.oSONARIo DIST.oSIVASAGAR oASSAM. 3:oLUKAPRIYAoPHUKAN oS/OoSRIoPRADIPoPHUKANo R/OoTAIRAI oCHATIANAGURIo P.O.oCHATIANAGURI oP.S.oSAPEKHAITIo DIST.oCHARAIDEO oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoLEARNEDoPPoASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoRoSHOME,oM.oBORUAH,MRoAoJoGHOSHo Page No.# 2/3 Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

21.10.2024

Heard the learned counsel Mr. A.J. Ghosh appearing for the petitioners. Also heard Mr. R.J. Baruah, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 438 of the CrPC praying for grant of pre-arrest bail to the petitioners, namely- (1) Sri Jitul Swargiari, (2) Sri Rikhovraj Konwar and (3) Sri Lukapriya Phukan in connection with Sonari P.S. Case No.74/2024 under Section 302 of the Indian Penal Code.

¶3The deceased was admitted in a drug rehabilitation centre. At one point of time, the said rehabilitation centre informed the family of the deceased that he had fell ill and therefore he was taken to Rajaphukuri hospital. After that, the deceased was brought back to the rehabilitation centre. Again, the rehabilitation centre informed the deceased's family members that his condition had deteriorated and therefore, he was again taken to Rajapukhuri hospital.

¶4The family members of the deceased went to the hospital where they came to know that he has already expired.

¶5It is alleged in the FIR that due to physical torture, the deceased died.

¶6Mr. Baruah has submitted that post-mortem report does not have any sign of physical injury upon the body of the deceased. Mr. Baruah has further submitted that the cause of death of the deceased and the opinion of the FSL report are awaited.

¶7I have considered the submissions made by the learned counsel of both sides. Page No.# 3/3

¶8The petitioners are the employees of the rehabilitation centre. On the basis of the contents of the case diary, this Court is of the opinion that they do not deserve to be detained in custody at this stage. They have also appeared before the investigating officer pursuant to the interim order granted earlier. As the above named petitioners have co-operated with police investigation, for the aforesaid reason the bail application is allowed.

¶9The interim bail granted by this Court on 02.08.2024 is made absolute.

¶10However, the petitioners shall co-operate with police investigating officer as and when called for. With the aforesaid direction the application for bail is disposed of. Return the case diary.

JUDGE Comparing Assistant