Nikhil Thakuria and 7 Ors v. The State of Assam

ORDER

19.11.2024 Heard Mr. B. D. Konwar, learned Sr. counsel assisted by Mr. R. Kalita, learned counsel appearing for the petitioners as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. This is an application filed under Section 482 of BNSS, praying for pre-arrest bail by the petitioners, namely, (1) Nikhil Thakuria (2) Jyoti Pathak (3) Kandarpa Baruah (4) Chintu Das (5) Dilip Das (6) Gautam Thakuria (7) Brojen Baruah and (8) Hitesh Baruah, in connection with Azara PS Case No. 223/2024 registered under Sections 126(2)/127(2)/121(2)/109/3(5) of BNS, 2023, read with Section 14 of the Game and Betting Act (Assam), 1970. Case diary, as called for, is produced before this court. The allegation in the FIR dated 01.11.2024 reveals that on 31.10.2024, Page No.# 4/5 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 Senior Counsel for the petitioner submits that the allegation as per the FIR is that the petitioners and some other boys have obstructed the police personnel while they were involved in gambling activities but in fact, the petitioner Nos. 3 and 8 were only present at the place of occurrence and others were not present and as such, benefit of pre-arrest bail may be extended to the petitioners. Mr. Goswami, learned Additional Public Prosecutor has produced the case diary and submits that petitioner No.3, Kandarpa Baruah and petitioner No.8, Hitesh Baruah were present at the time of incident and there was hot exchange of words between the parties and they used hands while obstructing the police personnel. It is further submitted that some of them sustained simple injury and some of them did not receive any injury as reflected from the injury report and as such, pre-arrest bail may be extended to the petitioners. 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 their arrest, the petitioners, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 30,000/- each with a suitable surety of the like amount each, to the satisfaction of the arresting authority. Page No.# 5/5 The direction for pre-arrest bail is subject to the conditions that the petitioners:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) 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 from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010234322024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2930/2024o NIKHILoTHAKURIAoANDo7oORSo S/OoNRIPENoTHAKURIAo R/OoGARAL,oKUHABARIo AZARA,oGUWHATI,oP.S.oAZARA,o DIST.oKAMRUPo(M),oASSAM-781017o MOBILEoNO.o7578916154 2:oJYOTIoPATHAK oS/OoBINAYoPATHAKo R/OoGARAL oKUHABARIo AZARA oGUWHATI oP.S.oAZARA oDIST.oKAMRUPo(M) oASSAM-781017o MOBILEoNO.o8399080547 3:oKANDARPAoBARUAH oS/OoLT.oBHUPENoBARUAHo R/OoGARAL oKUHABARIo AZARA oGUWHATI oP.S.oAZARA oDIST.oKAMRUPo(M) oASSAM-781017o MOBILEoNO.o8099765837 4:oCHINTUoDAS oS/OoSRIoLALIToDASo R/OoGARAL oKUHABARIo AZARA PageoNo.#o2/5 oGUWHATI oP.S.oAZARA o DIST.oKAMRUPo(M) oASSAM-781017o MOBILEoNO.o8876099212 5:oDILIPoDAS oS/OoRAMCHARANoDASo R/OoGARAL oKUHABARIo AZARA oGUWHATI oP.S.oAZARA oDIST.oKAMRUPo(M) oASSAM-781017o MOBILEoNO.o7637836518 6:oGAUTAMoTHAKURIA oS/OoLT.oKANAKoTHAKURIAo R/OoGARAL oKUHABARIo AZARA oGUWHATI oP.S.oAZARA oDIST.oKAMRUPo(M) oASSAM-781017o MOBILEoNO.o7578916154 7:oBROJENoBARUAH oS/OoSRIoBIPINoBARUAHo R/OoGARAL oKUHABARIo AZARA oGUWHATI oP.S.oAZARA oDIST.oKAMRUPo(M) oASSAM-781017o MOBILEoNO.o8399885798 8:oHITESHoBARUAH oS/OoSRIoBIPINoBARUAHo R/OoGARAL oKUHABARIo AZARA oGUWHATI oP.S.oAZARA o Page No.# 3/5 DIST. KAMRUP (M) ASSAM-781017 MOBILE NO. 839988579 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV., MR. R KALITA,H BAISHYA,MS. B SOREN,MR P DOLEY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI