Boya Bala Anjanayelu @ B Balaji @ Hari v. The State of Assam

ORDER 23-06-2023 Heard Mr. G. Phukan, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. 2) Mr. Boya Bala Anjanayelu @ B. Balaji @ Hari have filed this application under Page No.# 2/4 Section 439 CrPC seeking bail in Dispur Police Station Case No. 1034/2023 registered under Sections 279/338/304/109 of the IPC corresponding to G.R. No. 4053/2023, wherein, he is in custody since 08.06.2023. 3) Brief facts of the case is that on 08.06.2023, around 09:50 am the complainant along with other local people arrived at Dispur Police Station and lodged an FIR stating that on the said day around 07:20 am near Ganesh Mandir at Ganeshguri, Guwahati a School Bus of Royal Global School bearing Registration No. AS-01-PC-7011 (School Bus No.15 of the said School) was driven rashly and in negligent manner and it hit a student named Priya Kumari in which the said student succumbed to her injuries at the spot itself and that the said incident occurred due to the digging on the road side for installation of underground water pipes. 4) With regard to the said incident Dispur Police Station also received another FIR from an Assistant Engineer of Guwahati Metropolitan Drinking, Water and Sewerage Board against M/s. Millennium Fabrication and A. K. Construction represented by the petitioner along with his other co-accused persons, as they dug a pit at the place of occurrence of the case in connection with ongoing works of JICA assisted Guwahati Water Supply Project of Guwahati Jal Board that was done without any procedure and barricading and fencing the said pit and kept the same open, for which the incident involved in the case, occurred. 5) Petitioner stated that he joined A. K. Construction in the month of October, 2022 as a Supervisor under JICA Company assisted Guwahati Water Supply Project and that there are multiple supervisors for different location looking into the progression of the work where his company deals with supply, installation and commissioning of MS & HDPE Pipe and installation and commissioning of employer furnished D.I. Pipes and allied works for the balance works under the Distribution Network in Lechu Bagan area of South-Central Zone Guwahati. 6) It is placed before the Court that the driver of the School Bus arrested in the case had already been released on bail on 09.06.2023. 7) Mr. Goswami learned Additional Public Prosecutor submitted that the concerned pit was without any barricade and it was kept open, though as per the agreement signed between the parties safety procedures like ‒ "to provide fencing, lighting, guarding and watching of the works till completion and to keep the site and works clear of unnecessary obstruction so as to avoid danger" were required to be complied with. Mr. Goswami stated that the I.O. of the case in its Page No.# 3/4 notes specified that the contractor M/s. Millennium Fabrication and Engineering Works did not comply with such provisions. 8) Perused the case diary placed before the Court today by Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam and the notes of the concerned Investigating Officer relating to the case. 9) From the case diary, the evidences so far recorded by the concerned I.O. and the notes of the said Officer therein, it is seen that the Scooty bearing Registration No. AS-01-AN-6710 (Honda Activa) with two female riders were proceeding towards the Rajdhani Masjid from backside of MLA Hostel on the road on its left side by the side of the footpath and on its right side the School Bus of Royal Global School bearing Registration No. AS-01-PC-7011 was also moving in parallel with the said Scooty towards the Rajdhani Masjid. In between the portion of the said road from the backside of the MLA Hostel towards the Rajdhani Masjid, a huge pit with large heap of excavated/dug soil was on the road that is extended up to the middle of the road from the footpath to the divider and that the said pit was dug for the purpose of lying down underground water pipes, which was kept open without any fencing and barricading. As per the case diary, in the said portion of the road due to the said pit, only one vehicle could pass by and that the driver of the said School Bus drove it in a high speed so as to cross the said pit area early and the said Scooty, which was on the left side of the said school bus, bump into the said heap of excavated/dug soil kept on the road itself adjacent to the said pit and both the riders of the Scooty fell down on the road. 10) As per the notes of the I.O. in the case diary it is seen that the pillion rider of the said Scooty, i.e., the deceased fell down on her right side, who was without helmet and the left rear wheels of the said School Bus ran over the said pillion rider of the Scooty in which she sustained grievous injuries and the said Bus fled away from the scene. The I.O. of the case in its notes specified that the said pit was without any barricade and fencing and that the pit was kept open. 11) The I.O. of the case also specified that the accused persons, the contractors had dug those pits for laying down underground water pipelines but they did not follow any safety measures pertaining to such pits dug for the said purpose and kept those pits open without any barricade and fencing having knowledge that those pits if kept open without barricade and fencing likely to cause death though without intention to cause death. In the notes of the I.O. it is seen that though the accused persons had no intention to cause death but their works showed Page No.# 4/4 that they knew such type of fatal and tragic incident/accident likely to occur. 12) Post mortem report of the deceased dated 08.06.2023 as available in the case diary reveals that her death was due to Crush Injuries of Head caused during life by blunt force impact and are consistent with vehicular incident. 13) On perusal of the materials in the case diary and considering the period of detention in custody since 08.06.2023, the Court is of the view that further custodial detention of the petitioner, named above, is not warranted to investigate the said Dispur Police Station Case No. 1034/2023 and as a result, this bail application of the petitioner is accepted. 14) Accordingly, the petitioner, namely, Mr. Boya Bala Anjanayelu @ B. Balaji @ Hari, be released on bail in said Dispur Police Station Case No. 1034/2023, on furnishing a bail bond of Rs.1,00,000/-, with 2 (two) local sureties of the like amount each, one of which shall be a Government employee (either Central or State Government) to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on conditions that the petitioner shall – (i) appear before the Investigating Officer of said Dispur Police Station Case No. 1034/2023, as and when he is required for necessary investigation of the case; (ii) not leave the territorial jurisdiction of the Dispur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) not hamper with the investigation, or tamper with the evidence of the case, (iv) not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer, failing which, the bail granted to him in the said Dispur Police Station Case No. 1034/2023 shall stand automatically vacated. 15) Return the case diary herewith. 16) This bail application stands allowed to the extent above.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010138182023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2224/2023 BOYA BALA ANJANAYELU @ B BALAJI @ HARI S/O B. VENKTASUBBAIH R/O VIL- JALAKANUR, P.S. MIDHUTUR DIST. KURNOOL, ANDHRA PRADESH, PIN-518405 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. G PHUKAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK