Prasanta Borah v. The State of Assam

ORDER Date : 26.07.2023 Heard Mr. L. Gogoi, learned counsel for the petitioner and also heard Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam for the State. This application under Section 438, Cr.P.C., is preferred by the petitioners namely, Sri Prasanta, who is apprehending his arrest, in connection with Narayanpur P. S. Case no. 58/2023 (GR 634/2023), registered under Sections Page No.# 2/3 384/392/420/379 of the IPC. The accusation in this case is that on 04.07.2023, one Kailash Dahal lodged an FIR before the Officer-in-charge of Narayanpur Police Station, inter-alia, alleging that on 25.06.2023 at about 9.00 pm when the first informant was proceeding towards Bhugpur in his Eco Van bearing registration no. AS-07 Q-9011 one Sri Mridul Bhuyan demanded money from the first informant, and on failure to pay the money by the first informant Sri Mridul Bhuyan snatched away the said ECO Van from the first informant. On receipt of the said FIR, Narayanpur P. S. Case no. 58/2023 was registered. Learned counsel for the petitioner submits that the present petitioner is not named in the FIR and he is in no way connected in the offence alleged in the FIR. However, as he knows the named accused and is an acquaintance of the named accused, police is searching for the present petitioner suspecting his involvement in the alleged offence. It is also stated that the present petitioner is a permanent resident of Borpathar, under Narayanpur Police Station and he shall co-operate with the Investigating Officer of the Narayanpur P. S. Case no. 58/2023 I have heard the learned Additional Public Prosecutor representing the State. Considering the fact that the present petitioner is not named in the FIR and the FIR has specifically mentioned the name of one Mridul Bhuyan, who is alleged to have committed the offence and also considering the submissions made by the learned counsel for the petitioner, the present petitioner, namely, Sri Prasanta is directed to appear before the Investigating Officer of Narayanpur P. S. Case no. 58/2023 within a period of ten days from the date of this order, Page No.# 3/3 and shall co-operate with the Investigating Officer of the said case. If they do so within the stipulated period of time, in the event of his arrest in connection with Narayanpur P. S. Case no. 58/2023, petitioner namely, Sri Prasanta shall be allowed to go on bail on furnishing of bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) each with one surety of like amount to the satisfaction of the arresting authority with the condition that :

¶1That the petitioner shall co-operate with the Investigating Officer of the said case.

¶2That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, so as to dissuade him or her from disclosing such facts to the Investigating Officer of this case. With the above observations, the anticipatory bail application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010160612023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2549/2023 PRASANTA BORAH S/O SHIVA BORA VILL. NO. 1 BORPATHAR GAON P.S NARAYANPUR DIST. LAKHIMPUR ASSAM PIN 787033 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. L GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA