Ronak Agarwal and 4 Ors v. The State of Assam

ORDER Date : 18-01-2023 Heard Mr. D. Kalita, learned counsel for the applicants. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent.

Case Diary has been received and I have perused the same.

This is an application under Section 438 of the Code of Criminal Procedure, 1973, for grant of pre-arrest bail to the accused/applicants, who are apprehending arrest in connection with Basistha Police Station Case No.926/2022 under Section 120(B)/407/379 of the Indian Penal Code.

It is submitted by the learned counsel for the applicants, Mr. D. Kalita, the applicants are innocent and the informant has filed this FIR only to harass the Page No.# 3/4 applicants and also threatened them not to continue with the business which they have already started. The applicants have already appeared before the IO receiving notice under Section 41 Cr.P.C. and they are also ready to co-operate with the further investigation of this case, if they are granted with the privilege of pre-arrest bail.

In this context, Ms. N. Das, learned Additional Public Prosecutor, has submitted that the applicants had already appeared before the I.O. and their statements have already been recorded by the IO and thus, they are co-operating with the IO for further investigation of this case and accordingly, the learned Additional Public Prosecutor has raised no objection if the applicants are granted pre-arrest bail.

Considering the submissions of learned counsels of both sides and also considering the materials available in the case diary as well as considering the conduct of the accused/applicants, I find that the custodial interrogation is not required herein this case and hence, I find it a fit case to grant the privilege of pre-arrest bail to the accused/applicants.

Accordingly, it is provided that in the event of arrest of the accused/applicants, namely, 1. Shri Ronak Agarwal, 2. Anjay Agarwal, 3. Rajul Hussian, 4. Krishna Chowhan, and 5. Suhel Buiya, in connection with Basistha Police Station Case No.926/2022 under Section 120(B)/407/379 of the Indian Penal Code, they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: Page No.# 4/4

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

(ii) that 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) that the applicants shall not leave the jurisdiction of the concerned jurisdictional Magistrate, without prior permission.

In terms of above, this Anticipatory Bail application stands disposed of.

Case Diary be sent back. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010248252022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3600/2022o RONAKoAGARWALoANDo4oORSo S/OoANJAYoAGARWAL,oR/OoFEEDERoROAD,oBEHINDoCHOICEoBISCUITo FACTORY,oPARBATIA,oTINSUKIA,oP.O.oANDoP.S.-TINSUKIA,oPIN-786125,o DIST-oTINSUKIAo(M),oASSAM 2:oANJAYoAGARWAL oS/OoLATEoRADHEoSHYAMoAGARWAL oR/OoFEEDERoROAD oBEHINDoCHOICEoBISCUIToFACTORY oPARBATIA oTINSUKIA oP.O.oANDoP.S.-TINSUKIA oPIN-786125 oDIST-oTINSUKIAo(M) oASSAM 3:oRAJULoHUSSAIN oS/OoMD.oHAFIZURoRAHMAN oR/OoVILL-oJALUGUTI oP.O.oANDoP.S.-MIKIRBHETA oPIN-782104 oDIST-MORIGAON oASSAM 4:oKRISHNAoCHOWHAN oS/OoRAGHUNATHoCHOWHAN oR/OoVILLoNOo1oKALAIGAON oP.O.oANDoP.S.-KALAIGAON oPIN-784525 oDIST-oUDALGURIo(BTAD) oASSAM 5:oSUHELoBUIYA oS/OoAKRUSHoBUIYA Page No.# 2/4 R/O DURGAPUR NEAR ASSAM OIL DHARAMNAGAR PIN-799131 NORTH TRIPURA TRIPUR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA