Anjali Biswas and Ors v. The State of Assam

ORDER Date : 30.08

. 2024

¶1Heard Mr. R.A. Ahmed, learned counsel for the petitioners, (1) Anjali Biswas, (2) Fulmala Biswas, (3) Monuhar Biswas and (4) Motilal Biswas, who have filed this anticipatory bail application under Section 482 of BNSS, 2023, with prayer for granting them pre-arrest bail in connection with Bhurgaon P. S. Case No. 64/2024 under Sections 189(2)/ 189(4)/ 191(2)/ 191(3)/ 190/ 127(2)/ 118(2)/ 109 of B.N.S., 2023.

¶2Also heard Mr. B.B. Gogoi , learned Addl. Public Prosecutor for the State respondent.

¶3The case diary as called for is received and perused.

¶4Allegation against the petitioners is that the petitioners alongwith other accused persons named in the FIR have assaulted the family members of the informant, Sri Bisambar Bisweas, his elder brother Sri Shushil Biswas sustained grievous injury on vital part of his body i.e. head. The other family members of the informant, Sri Shunil Biswas, Golapi Biswas and Sushmita Biswas were also injured in the process.

¶5I have considered the submissions at the bar with circumspection. The Page No.# 3/4 medico legal report of the victim Sri Shushil Biswas reveals that he has sustained injury on his head and he was hospitalized.

¶6It is submitted by the learned counsel for the petitioners that there was a scuffle between both the parties due to land dispute and petitioners were not involved in the alleged incident. The petitioner No. 2 is an elderly person aged about 45 years, the petitioner No. 3 is aged about 61 years whereas the petitioner No. 4 is middle aged person aged about 45 years.

¶7It is also submitted that the accused No. 2 dealt blows which caused grievous injuries on Shushil Biswas. The learned Addl. P.P. has raised objection against the prayer of bail on the ground that there are incriminating materials against the petitioners in the case diary .

¶8I have scrutinized the case diary. It appears that custodial interrogation may not be necessary for further progress of investigation. The petitioners are willing to cooperate with investigation. Investigation has progressed to a considerable extent.

¶9The merits of this case are not brought to the fore.

¶10In view of my foregoing discussions, petition is allowed. Accordingly, it is directed that in the event of arrest of the petitioners named above they shall be enlarged on pre-arrest bail on furnishing bond of Rs. 50,000/-each with a suitable surety of like amount to the satisfaction of the arresting authority in connection with the aforesaid case under the following conditions that:-

(i) the petitioners shall appear before the I.O. within 10 (ten) days from today;

(ii) the petitioners shall refrain from such activities with which they are alleged; Page No.# 4/4

(iii) the petitioners shall cooperate with the remaining part of investigation and shall not jump the bail;

(iv) the petitioners shall not hamper with the investigation or tamper with the evidence of the case.;

(v) The petitioners shall not leave the jurisdiction of the court without prior permission.

¶11On breach of any of the bail conditions, pre-arrest bail order shall stand automatically cancelled.

¶12The bail application is disposed of.

¶13Send back the case diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010152952024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1989/2024o ANJALIoBISWASoANDoORSo W/OoRANJIToBISWAS,o RESIDENToOFoVILLAGEoANDoPOoDUNGARPAR,oPSoBHURAGAON,oDISTo MORIGAON,oASSAM 2:oFULMALAoBISWAS oS/OoDHIRENoBISWAS o RESIDENToOFoVILLAGEoANDoPOoDUNGARPAR oPSoBHURAGAON oDISToMORIGAON oASSAM 3:oMONUHARoBISWAS oS/OoLATEoLALIToMOHANoBISWAS o RESIDENToOFo1oNO.oBHURAGAON oPOoBHURAGAON oPSoMAYONG oDISToMORIGAON oASSAM 4:oMOTILALoBISWAS oS/OoKHAGENoBISWAS o RESIDENToOFoVILLAGEoDIGHALDARIoKAKATIoGAON oPOoDIGHALDARI oPSoRAHA oDISToNAGAON oASSAo VERSUSo Page No.# 2/4 THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR R A AHMED, MR M AHMED,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND