Gobinda Das and 5 Ors v. The State of Assam

ORDER

09.01.2024 Heard Mr. K. Bhuyan, learned counsel for the applicants and also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Lumding P.S. Case No.158/2023, under Section 379/411/34 IPC, this application under Section 438 Cr.P.C. is preferred by six applicants, namely, Gobinda Das, Joy Kar, Ajay Saha, Sanjoy Chokrobarty, Sanjay Dey and Ajay Banik, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by S.I. Upendra Dev Sarma of Lumding P.S. on 05.08.2023. The essence of allegation made in the aforesaid FIR is that acting on a tip off he along with police staff proceeded to Harlangfar Railway line near Samajbari and found 26 bags of suspected Burmese Supari and also found 4 persons, who were working there as labourer for carrying the supari bags and they are namely, Rajesh Kumar, Sunil Kumar, Sujit Kumar and Rahul Kumar and they disclosed before him that Ajay Banik, Govinda, Joy, Master, Ajoy, Sanjay of Lanka, Mana Saha and Babu of Hojai are the owners of the aforesaid suspected Burmese Suparies.

¶4Mr. Bhuyan, learned counsel for the applicants submits that the sections, under which the case has been registered, are not attracted in this case, as no one has lodged FIR regarding stealing of the seized Burmese Suparies and that the applicants are ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5Whereas, Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, submits that he has not received the case diary, but as per instruction, the I.O. has laid charge-sheet Page No.# 3/3 after completion of investigation, being Charge-Sheet No.181/2023, dated 31.10.2023 under Section 379/411/34 IPC.

¶6In view of the submission of learned Advocates of both sides, this Court is inclined to dispose of this anticipatory bail application by directing the applicants to appear before the learned Court below on or before 29.01.2024, and to apply for regular bail and in the event of filing such an application, the learned Court below shall consider the same in accordance with law.

¶7Till then interim order dated 16.08.2023 stands extended. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/3 GAHC010179712023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2833/2023o GOBINDAoDASoANDo5oORS.o S/OoHARADHANoDASoR/OoTETULTOLAoCOLONYoHARLONGFARoP.O.o LAMDINGoDIST.oHOJAIoASSAMoPINo782447 2:oJOYoKAR oS/OoMATINDRAoKARoR/OoTETULTOLAoCOLONYoHARLONGFARoP.O.o LAMDINGoDIST.oHOJAIoASSAMoPINo782447 3:oAJAYoSAHA oS/OoMOHANoLALoSAHAoR/OoKHANGARoGAONoBASTEoP.O.oLAMDINGoDIST.o HOJAIoASSAMoPINo782447 4:oSANJOYoCHOKROBARTY oS/OoSAPANoCHOKROBARTYoR/OoTETULTOLAoCOLONYoHARLONGFARoP.O.o LAMDINGoDIST.oHOJAIoASSAMoPINo782447 5:oSANJAYoDEY oS/OoATULoDEYoWARDoNO.o9oLANKAoDIST.oHOJAIoASSAMoPINo782447 6:oAJAYoBANIK oS/OoLToSAPANoBANIKoR/OoSANTIPURoLUMDINGoDIST.oHOJAIoASSAMoPINo 78244o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoKoBHUYANo AdvocateoforotheoRespondento:oPP,oASSAMoo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN