Tushar Ngatey and Anr v. The State of Assam

ORDER

06.11.2023 Heard Mr. G. Jalan, learned counsel for the applicants and also heard Mr. K.K. Das, Page No.# 2/3 learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Jonai P.S. Case No.134/2023, under Section 341/325/354/34 IPC, this application under Section 438 Cr.P.C. is preferred by applicants, namely, Tushar Ngatey and Takar Doley @ Nabal Doley, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Siva Sonowal on 29.09.2023. The essence of allegation made in the aforesaid FIR is that on 28.09.2023 at about 10:30 p.m. while the informant Siva Sonowal and his wife were returning from a shop, one Tushar Ngatey and Nabal Doley wrongfully restrained him in front of the police traffic point of Jonai Higher Secondary School and assaulted over his head by means of a lever of a vehicle and injured him seriously and they also pushed his wife while she tried to interfere the same.

¶4Mr. Jalan, learned counsel for the applicants submits that the matter has already been settled between the parties and the offences are also not serious in nature and that the applicants are ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶5On the other hand, Mr. K.K. Das, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the investigation has substantially progressed and except pushing the wife of the informant there is no other allegation against the applicants.

¶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.

¶7In view of the submission of learned Advocates of both sides and also in view of the progress of investigation as well as the materials collected so far in the case diary, Page No.# 3/3 custodial interrogation of the present applicants seems to be not warranted here in this case and therefore, this Court is inclined to allow this petition. It is provided that in the event of arrest of the applicants, namely, Tushar Ngatey and Takar Doley @ Nabal Doley, in connection with Jonai P.S. Case No.134/2023, under Section 341/325/354/34 IPC, they shall be released on pre-arrest bail on their executing a bond of ` 50,000/-each, with one surety of the like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:-

(i) The applicants shall make themselves available for interrogation by the Investigating Officer as and when required;

(ii) The applicants 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; and

(iii) The applicants shall not leave the jurisdiction of the learned S.D.J.M.(M), Jonai, without prior permission

¶8In terms of above, this anticipatory bail application stands disposed of. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010235742023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3536/2023 TUSHAR NGATEY AND ANR S/O- SRI BRIKHESWAR NGATEY, R/O- VILL.- MADHYAPUR, P.O. AND P.S. JONAI, PIN- 787060, DIST, DHEMAJI, ASSAM 2: TAKAR DOLEY @ NABAL DOLEY S/O- SRI RANJAN DOLEY R/O- VILL.- NAHAR BANDANA P.O. JONEKARENG PIN- 787060 P.S. JONAI DIST. DHEMAJI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR G JALAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN