Deep Jyoti Goswami and 3 Ors v. The State of Assam

ORDER Date : 24.10.2024

¶1Heard Mr. P. Choudhury, learned counsel for the petitioners. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre arrest bail in respect of Dhekiajuli P.S. Case No.214/2024.

¶3A Motor Cycle was parked in front of the entrance gate of the informant's house. He removed the Bike and went out of his house but before that he again kept the said Bike parked in front of his house. When he returned his neighbor throw unsavory languages at him, which related to the community to which the informant belonged.

¶4According to the informant, the petitioner Bishwa Jyoti Goswami had entered into his house and caused damaged to the house hold properties.

¶5According to the informant, all the three petitioners had chased him by holding sharp weapons.

¶6On the same instance, the petitioners also filed an FIR before Police alleging that the informant of the other FIR had put the said Motorcycle in the middle of the road causing trouble to other people.

¶7The petitioners alleged that the informant of the other FIR and his relatives were Page No.# 3/3 involved in a physical quarrel, where the mother of the three petitioners was also injured.

¶8I have considered the submissions made by learned counsel for both the sides.

¶9The incident narrated in both the FIRs constitutes petty offences and, therefore, nobody deserves to be detained in custody for those offences.

¶10Therefore, the pre-arrest bail prayers made by the present petitioners are allowed.

¶11It is hereby directed that in the event of arrest in connection with Dhekiajuli P.S. Case No.214/2024 the petitioners (1). Deep Jyoti Goswami, (2). Rup Jyoti Goswami,

(3). Bishwa Jyoti Goswami and (4). Madan Haloi shall be released on bail of Rs.10,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶12All the four petitioners shall co-operate with Police Investigation as and when required.

¶13With the aforesaid direction the bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010222232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2805/2024o DEEPoJYOTIoGOSWAMIoANDo3oORS.o S/OoLATEoRATNAoJYOTIoGOSWAMIo R/OoDHEKIAJULIo WARDoNO.o1oUNDERoDHEKIAJULIoPOLICEoSTATION,o INoTHEoDISTRICToOFoSONITPUR,oASSAM 2:oRUPoJYOTIoGOSWAMI oS/OoLATEoRATNAoJYOTIoGOSWAMIo R/OoDHEKIAJULIo WARDoNO.o1oUNDERoDHEKIAJULIoPOLICEoSTATION o INoTHEoDISTRICToOFoSONITPUR oASSAM 3:oBISHWAoJYOTIoGOSWAMI oS/OoLATEoRATNAoJYOTIoGOSWAMIo R/OoDHEKIAJULIo WARDoNO.o1oUNDERoDHEKIAJULIoPOLICEoSTATION o INoTHEoDISTRICToOFoSONITPUR oASSAM 4:oMADANoHALOI oS/OoLATEoANANDAoRAMoHALOIo R/OoDHEKIAJULIo WARDoNO.o1oUNDERoDHEKIAJULIoPOLICEoSTATION o INoTHEoDISTRICToOFoSONITPUR oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM Page No.# 2/3 Advocate for the Petitioner : MS B GOSWAMI, MS P SAIKIA,MR P CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA