Chiranjib Saikia @ Sanjib Saikia @ Boil v. The State of Assam

ORDER

23.10.2024

Heard Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent. This is an application filed under Section 482 BNS, praying for pre-arrest Page No.# 2/3 bail by the petitioner, namely, Mr. Chiranjib Saikia @ Sanjib Saikia @ Boil, in connection with Duliajan PS Case No. 144/2024, registered under Section 307 BNS, 2023 read with Section 13 of the Assam Cattle Preservation Act. It is submitted by the learned counsel for the petitioner that the petitioner is no way connected with the alleged offence as he was suffering from mental disorder and on the date of incident he was in a rehabilitation centre at Dibrugarh. So it is not possible for him to commit the offence on 05.07.2024. In view of the above, benefit of pre-arrest bail may be extended to the petitioner. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has produced the case diary and raised objection against the prayer of the petitioner by stating that the petitioner is very much involved with the alleged offence and there is sufficient incriminating materials found in the case diary against the petitioner. Considering the nature of the offence, custodial interrogation of the petitioner is warranted. I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. Considering the materials available in the case diary as well as the gravity of offence, this Court is not inclined to grant the privilege of pre-arrest bail to the petitioner. Accordingly, prayer of the petitioner is rejected. The petitioner is directed to surrender before the court of the jurisdictional magistrate or the investigating officer to facilitate the follow-up investigation. The pre-arrest bail application stands disposed of. Page No.# 3/3 Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010192752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2496/2024 CHIRANJIB SAIKIA @ SANJIB SAIKIA @ BOIL S/O MR. BIJOY SAIKIA PERMANENT RESIDENT OF VILL- BOKULONI CHARIALI, P.S. DULIAJAN DIBRUGARH, ASSAM, PIN-786191 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S SARMA, B SAHA,MR B P SARMAH,MR D DAS,MR. C CHAKRAVARTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI