Rahul Mohan v. The State of Assam

ORDER 03-12-2024 Heard Mr. P.P. Dutta, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State.

¶2By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Sri Rahul Mohan, son of late Boluram Mohan, resident of Modhumoni, (Moudumuni), Near Nijora School, Police Station-Moranhat, District-Charaideo is Page No.# 2/4 seeking bail in Satgaon Police Station Case No.118/2024 registered under Sections 147/148/149/152/196/197/55/61(2) of BNS, 2023, read with Sections 4/5 of the Explosive Substance Act, 1908, read with Sections 10/13 of the Unlawful Activities (Prevention) Act, 1967 corresponding to G.R. No. 4799/2024, wherein he was arrested on 05.09.2024 and is in custody since then.

¶3As per the FIR dated 06.09.2024 the case is that on the evening of

14.08.2024 a video was released by a banned organization that it will protest against the Independence Day of India that it will be a military protest to be carried out across the State of Assam and directed the people of Assam to boycott the Independence Day Celebration stating that such military protest by the banned organization shall be carried out by it on 15.08.2024 from 06:00 AM to 12:00 noon. Another leader of the said banned organization also made a press release in that regard. As per the press release bombs/IEDs had been planted at several locations across Assam, in Guwahati city and that one of them were near the Controller of Defence Account (CDA) Main Gate, Main Road leading to Narangi Army Station Gate of Satgaon Police Station.

¶4Police personnel along with army personnel from Satgaon Army Camp carried out a thorough search of the indicated area and on 16.08.2024, the search team during search operation found a suspicious sealed package on an empty plot of land adjacent to the CDA Main Gate, Satgaon. The Bomb Disposal Squad reached the said place and taking all precautions, checked the suspected package and found 1 kg suspected explosive substance in a cylindrical tin can fitted with electronic detonator, electrical batteries and electrical circuits. Later, the said suspected bomb was defused. Later on, the police personnel seized the dismantled suspected explosive and related items in presence of witnesses. Accordingly, the said FIR was lodged before the Satgaon Police Station, which Page No.# 3/4 was registered as Satgaon Police Station Case No.118/2024 under Sections 147/148/149/152/ 196/197/55/61(2) of BNS, 2023, read with Sections 4/5 of the Explosive Substance Act, 1908, read with Sections 10/13 of the Unlawful Activities (Prevention) Act, 1967 corresponding to G.R. No. 4799/2024. In the said Stagaon P.S. Case, the petitioner was arrested on 05.09.2024.

¶5In another case relating to similar nature, lodged before the Panbazar Police Station on 16.08.2024, the petitioner was shown arrested on 09.09.2024 and is in custody since then in said Panbazar P.S. Case.

¶6In said Satgaon Police Station Case No.118/2024, in which the petitioner was arrested on 05.09.2024, is in custody for more than 90 days and the police failed to file the charge-sheet in the said Satgaon P.S. Case within the statutory time limit. As such, the petitioner is entitled for his default bail in said Satgaon Police Station Case No.118/2024 on completion of his statutory period of detention.

¶7Accordingly, the petitioner, namely, Sri Rahul Mohan, son of late Boluram Mohan, is granted default bail in said Satgaon Police Station Case No.118/2024, if not wanted in any other criminal case, on furnishing a bail bond of Rs. 1,00,000/- with two local sureties, each of the like amount, one of which shall be government employee, either State Government or Central Government, to the satisfaction of the learned Sessions Judge, Kamrup (Metro), Guwahati on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Satgaon Police Station Case No.118/2024 on every Monday during the office hours for the next 2(two) English Calendar Months, commencing from 16.12.2024 or till filing of the charge-sheet in the case, whichever is earlier; (ii) shall also appear before the Investigating Officer of Panbazar P.S. Case No. 202/2024 as and when he is required for necessary Page No.# 4/4 investigation of the case; (iii) shall surrender his passport, if any, before the learned Sessions Judge, Kamrup (Metro), Guwahati on or before 16.12.2024;

(iv) shall not leave the territorial jurisdiction of the learned Sessions Judge, Kamrup (Metro), Guwahati, without obtaining prior written permission from the said authority; (v) shall not hamper with the investigation or tamper with the evidence of the case; (vi) 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 them from disclosing such facts to the Court or to any police officer and further (vii) shall not indulge himself in any such criminal activities in future, failing which, the bail granted to him in said Satgaon Police Station Case No.118/2024 shall stand automatically vacated.

¶8Any violation of the aforesaid terms and conditions by the petitioner, Sri Rahul Mohan, the bail granted to him in said Satgaon Police Station Case No.118/2024 shall stand automatically vacated.

¶9The Bail application accordingly stands disposed of.

¶10Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010237862024 2024:GAU-AS:12212 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3456/2024 RAHUL MOHAN S/O LATE BOLURAM MOHAN R/O MODHUMONI (MOUDUMUNI) NEAR NIJORA SCHOOL, P.S. MORANHAT, DIST. CHARAIDEO, ASSAM, PIN-785673 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P P DUTTA, MS P SARMA,MS. P P DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK