Labang Boro and 2 Ors v. The State of Assam

ORDER

21.12.2023 Heard Mr R Goswami, learned counsel for the petitioners.

¶2The petitioners, Ganesh Brahma @ Ganesh Boro and Jiten Boro @ Jiten Brahma, have filed the Bail Application No. 4449/2023, under Section 439 CrPC, with prayer for bail, as they are behind bars since 01.11.2023.

¶3The other petitioners, Labang Boro, Lal Bahadur Boro @ Lalbahadur Basumatary, Nepal Boro @ Paneswar Brahma and Bichitra Narayan Boro @ Kheparo Boro, have has filed the AB No. 4123/2023 and AB No. 4157/2023, respectively, under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with the case mentioned hereinbelow.

¶4All the petitioners have filed their bail applications in connection with Chapar PS Case No. 279/2012, under Sections 120/147/148/302/201 IPC, read with Section 27 of the Arms Act and Chapar PS Case No. 280 of 2012, under Sections 120(B)/147/148/302/201/326/307 IPC, read with Section 27 of the Arms Act.

¶5Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶6It is submitted on behalf of the petitioner, Bichitra Narayan Boro @ Kheparo Boro that he is serving as a Postmaster and he was not present at the place of occurrence.

¶7It is also submitted on behalf of the petitioners in AB No. 4123/2023 and AB No. Page No.# 4/4 4157/2023, that although they are apprehending arrest, they are not involved in this case. Some militants have eliminated Javed and Rezakul.

¶8The learned Additional Public Prosecutor has raised objection against the bail petition, stating that there are incriminating materials in the Case Diary, against the petitioner.

¶9The statements of witnesses recorded under Section 164 CrPC incriminates the present petitioners.

¶10I have considered the submissions at the Bar with circumspection. I have perused the Case Diary and the statements of the witnesses.

¶11Indeed, there are incriminating materials in the Case Diary, against the petitioner. The petitioners are booked under heinous offences. Investigation is still at its nascent stage. At this juncture, there appears to be no justified ground to grant bail to the petitioners. Hence, petitions are rejected at this stage.

¶12Bail Applications stand disposed of.

¶13Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010269942023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4123/2023 LABANG BORO AND 2 ORS. S/O- PRAHALLAD BORO, VILL.- DEBARGAON, P.S. AND DIST. KOKRAJHAR, ASSAM 2: LAL BAHADUR BORO @ LALBAHADUR BASUMATARY S/O- LATE GANGAI BORO @ SAMBARU BASUMATARY VILL.- DEBARGAON P.S. AND DIST. KOKRAJHAR ASSAM 3: NEPAL BORO @ PANESWAR BRAHMA S/O- RAJKUMAR BORO @ PRABHAT BRAHMA VILL.- BANGALDOBA P.S. AND DIST. KOKRAJHAR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R GOSWAMI Advocate for the Respondent : PP, ASSAM Linked Case : Bail Appln./4449/2023 GANESH BRAHMA @ GANESH BORO AND ANR S/O- LATE SACHIMOHON @ SACHIMOHAN BRAHMA @ BORO VILL.- BANGALDOBA PT-1 P.S. AND DIST. KOKRAJHAR Page No.# 2/4 ASSAM 2: JITEN BORO @ JITEN BRAHMA S/O- LATE AJIT BORO @ AJIT BRAHMA VILL.- BANGALDOBA PT-1 P.S. AND DIST. KOKRAJHAR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. R GOSWAMI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : AB/4157/2023 BICHITRA NARAYAN BORO @ KHEPARO BORO S/O LT. PRAHLAD CH. BORO VILL- DABORGAON P.O. DABORGAON P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. R GOSWAMI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/4 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND