Pranab Ranghang @ Pronob Ronghnag v. The State of Assam

ORDER Date : 15.11.2023

Heard Mr. U. K. Barman, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State of Assam. This application under section 439 of the Code of Criminal Procedure 1973, has been filed by the petitioner, namely, Pranab Ranghang @ Pronob Page No.# 2/4 Ronghnag, who has been detained behind the bar since 14.02.2023 (since last 274 days), in connection with Sessions Case No. 106/2023 pending before the Court of learned Additional Sessions Judge, No.1, Kamrup (M), Guwahati. Learned counsel for the petitioner submits that the petitioner is facing trial in connection with Sessions Case No. 106/2023 which is pending before the Court of learned Additional Sessions Judge, No.1, Kamrup (M), Guwahati, along with eight other co-accused persons and he has been detained behind the bar since more than nine months. It is submitted by learned counsel for the petitioner that though the case against the present petitioner has been committed to the Sessions Court on

28.06.2023 however, charges are yet to be framed in the said case. It is further submitted by learned counsel for the petitioner that apart from the present petitioner and one other co-accused, namely, Ajay Kalita, all other co-accused are already on bail. Learned counsel for the petitioner has also submitted that the petitioner is ready to face trial along with other co-accused persons and for the same any condition may be imposed by this Court. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail to the present petitioner on the ground that one of the offence involved in this case is under section 302 of the IPC and there are sufficient materials against the present petitioner. It is further submitted that the present petitioner had also moved for bail before the learned trial court which was rejected by the trial court on the ground that the present petitioner and co-accused Ajay Kalita have taken an active role in pre planning for committing the alleged offence. I have considered the submissions made by learned counsel for both the Page No.# 3/4 sides and have perused the scanned copy of case record of Sessions Case No. 106/2023, which was called for in connection with this case. It appears from the record that out of the nine accused against whom charge-sheet has been laid in this case, seven are already released on bail. It also appear from the record that the petitioner has been languishing behind the bar since last 14.02.2023 and there is no specific plea on the part of prosecution side that the present petitioner may flee the course of justice and that he may intimidate any of the listed witness of the case. It also appears that there are total 52 witnesses listed in the charge-sheet in the column no.6 of the charge-sheet and it would naturally take a long time for culmination of the trial and there seems to be no justification in keeping the present petitioner behind the bar when most of the co-accused have already been granted bail. In view of the above, the petitioner, namely, Pranab Ranghang @ Pronob Ronghnag is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount to the satisfaction of the learned Additional Sessions Judge, No.1, Kamrup (M), Guwahati with the following conditions that: i. That the petitioner shall appear before the learned trial court regularly as and when required by learned trial court and shall co-operate in the trial. ii. That 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 such person from disclosing such facts to the trial court. The learned trial court may impose any additional condition for bail if it deems fit to do. Page No.# 4/4 With the above information, this instant bail application is accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010220972023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3519/2023 PRANAB RANGHANG @ PRONOB RONGHNAG S/O PRABIN RANGHANG R/O AMGURI P.S. BAITHALANGSHU DIST. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. U K BARMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA