Rinku Das and 2 Ors v. The State of Assam

ORDER Date : 13.11.2024

Heard Mr. B.K.Mahajan learned counsel for the petitioners. Also heard Mr. D.P.Goswami, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 482 of the Bharatiya Nagarik Surakshya Sanhita, 2023, praying for pre-arrest bail by the petitioners, namely,

1.Rinku Das, 2. Abinash Thakuria @ Boga and 3. Dipankar Das @ Munna, in connection with Azara P.S. Case No. 223/2024, under Section 126(2), 127(2), 121(2), 109, 3(5) of the BNS, 2023 r/w Section 14 of the Game and Betting Act ( Assam), 1970. The case diary is placed before the court. The allegation in the FIR dated 01.11.2024 reveals that on 31.10.2024, the informant along with the staff received grievous injuries by some persons who used rods and other deadly weapons while the informant along with his staff went to obstruct illegal activities of gambling at Azara. The learned counsel for the petitioners submits that the allegation as per the FIR is that the petitioners and some boys have obstructed the police personnel while they were involved in gambling activities. As the petitioners are apprehending arrest, benefit of pre-arrest bail may be extended to the petitioners. The learned Addl.P.P. has produced the case diary and submits that there is Page No.# 3/4 nothing incriminating against the petitioner No.2. However, the petitioner No. 1 and petitioner No. 3 were present at the place of occurrence. The injury report reveals simple injury. I have perused the case diary and heard learned counsel for the parties. In the backdrop of facts as emerged from the case diary, this Court finds it not expedient for custodial interrogation of the petitioners. In view of above, the prayer for anticipatory bail is hereby allowed. Accordingly, it is provided that in the event of arrest of the petitioners, named above, they shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.30,000/-( Thirty Thousand ) each with one surety each of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioners shall appear before the Investigating Officer within 10 days from today, failing which, on the 11th day, the anticipatory bail order shall automatically expire;

(ii) That the petitioners 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 him/her from disclosing such facts to the Court or to any police officer. Return the case diary. This disposes of the anticipatory bail application.

JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010233952024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2954/2024o RINKUoDASoANDo2oORS.o S/OoTARINIoDASo R/OoGARALoKUHABARIo P.S.oAZARA,o DIST.oKAMRUPo(METRO),oASSAMo PIN-781017 2:oABINASHoTHAKURIAo@oBOGA oS/OoSUSHILoTHAKURIAo R/OoGARALo P.S.oAZARA o DIST.oKAMRUPo(METRO) oASSAMo PIN-781017 3:oDIPANKARoDASo@oMUNNA oS/OoNIRENoCHANDRAoDASo R/OoGARALo P.SoAZARA o DIST.oKAMRUPo(METRO) oASSAMo PIN-78101o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoCHAUDHURY,oMR.oDoBORA,MR.oNoMAHAJAN,MR.oPoKo DASo Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI