Jashika Rabha and 7 Ors v. The State of Assam

ORDER

06.11.2023 Heard Mr. S. Das, learned counsel for the applicants and also heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Kazigaon P.S. Case No.62/2023, under Sections 153A/295A/34 IPC, this application under Section 438 Cr.P.C. is preferred by eight applicants, namely, Jashika Rabha, Dhanbati Rabha, Papila Rabha, Ananta Kumar Page No.# 3/4 Rabha @ Ananta Kumar Sumri, Belishwor Rabha, Thomas Rabha, Barnoba Rabha and Santo Kumar Rabha for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Sukradhan Rabha on 17.08.2023. The essence of allegation made in the FIR is that on 16.08.2023 the applicants have allured two persons, namely, Holiram Rabha and Sahika Rabhani of Debitola and converted them to Christian, and since then they have been kept confined in some unknown place resulting law and order situation in the aforesaid place.

¶4Mr. Das, learned counsel for the applicants submits that this Court was pleased to grant the privilege of interim pre-arrest bail to the applicants vide order dated

12.09.2023, and pursuant to the said order, the applicants had appeared before the I.O. and they have been cooperating with the investigating agency and therefore, Mr. Das contended to make the interim order dated 12.09.2023, absolute, in the same terms and conditions.

¶5On the other hand, Mr. K.K. Das, learned Additional Public Prosecutor has produced the case diary before this Court and confirmed that the applicants have appeared before the I.O., but their statements are not available in the record. Referring to the affidavit at page-14, Mr. Das submits that the victims, namely, Haliram Rabha and Sahika Rabha have changed their faith to Christianity out of their own volition and they have not been forced by anyone.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Das, learned Additional P.P.

¶7It appears from the affidavit, dated 17.08.2023, that the victims, namely, Haliram Rabha and Sahika Rabha have changed their faith on their own volition and they have not been pressurized by anybody. Further it appears that the applicants have appeared before the I.O. and they have been cooperating with the investigating agency. In view of above, Page No.# 4/4 custodial interrogation of the applicants seems to be not warranted here in this case and therefore, this Court is inclined to make the interim order dated 12.09.2023, absolute, in the same terms and conditions.

¶8In terms of above, this anticipatory bail application stands disposed of.

¶9Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/4 GAHC010202332023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3108/2023o JASHIKAoRABHAoANDo7oORSo W/OoJANAKoKUMARoRABHAo R/OoVILL-oPAKHIHAGAoPRATHAMoKHANDAo P.O.oANDoP.S.oBAGRIBARIo DIST.oKOKRAJHAR,oASSAM 2:oDHANBATIoRABHA oW/OoTHOMACHoRABHAo VILL-oDEBITOLAoAJoKHANDAo P.O.oANDoP.S.oBAGRIBARIo DIST.oKOKRAJHAR oASSAM 3:oPAPILAoRABHA oW/OoSANJAYoKOCHo R/OoKALBHANDARIoPART-Io P.O.oANDoP.S.oBAGRIBARIo DIST.oKOKRAJHAR oASSAM 4:oANANTAoKUMARoRABHAo@oANANTAoKUMARoSUMRI oS/OoMANBARUoRABHAo R/OoDEBITOLAoPART-IIo DIST.oDHUBRI oASSAM 5:oBELISHWORoRABHA oS/OoMANIRAMoRABHAo R/OoKALBHANDARIoPART-Io DIST.oDHUBRI oASSAM 6:oTHOMASoRABHA oS/OoNAWDIYAoRABHAo Page No.# 2/4 R/O DEBITOLA PART-II P.O. AND P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM 7: BARNOBA RABHA S/O LATE TIPENDRA RABHA R/O KALBHANDARI PART-II DIST. DHUBRI ASSAM 8: SANTO KUMAR RABHA S/O BHABENDRA RABHA R/O PAKHIHAGA PART-I DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN