Hirak Jyoti Sarma and Anr v. The State of Assam

ORDER

16.02.2023

Heard Mr. A.K. Azad, learned counsel for the applicants and Mr. R.J. Barua, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with the Goreswar P. S. Case No. 61/2022, under Sections 120[B]/342/506/325/384/389/306 of the IPC read with section 75 of the Juvenile Justice [Care and Protection of Children] Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicants, namely, Hirak Jyoti Sarma and Sri Ankur Sarma for grant of pre-arrest bail.

¶3The said case has been registered on the basis of one FIR lodged by one Tinku Kumar on 10.07.2022, to the effect that on 09.07.2022, one Hirak Sarma and Manuj Nath, have lifted Shri Mithun Kumar while he was working in a Petrol Pump and taken him to the office of Pub-Depheli Anchalik Students' Union and there one Ankur Sarma, Hirak Sarma, Ambika Nath, Simanta Kalita, Bahiram Kumar, Utpal Kumar, Manuj Nath, Madhab Bezbaruah, Rakesh Deka, Bhabesh Sarmah and Sanjiv Sarmah have severely threaten him with one Lakhyadhar Kumar, and then beaten up them and put to hold ears and kneel down for two hours, suspecting their involvement in commission of theft in the shop of Ambika Nath and Bahiram Kumar at Naokata Chock about six months back, and thereafter, they demanded a sum of Rs. 10,000/ as fine from them. But, on their refusal, an agreement was made for payment of a sum of Rs. 5,000/ by each of them. Then Lakhyadhar Kumar has paid the sum of Rs.5000/ to Ankur Sarmah, and Mithun Kumar has taken 8 days time. He Page No.# 3/4 was also threatened that in the event of nonpayment of the amount, he will be made liable for every offence of theft at Naokata Chok. Thereafter, on 09.07.2022, Shri Mitun Kumar committed suicide in his house while his family members were not present.

¶4Mr. Azad, learned counsel for the applicants submits that the applicant No. 1, Hirak Jyoti Sarma is suffering from ailments and he has been vomiting blood and the Doctor advised him for admission in the Hospital and the mother of the applicant No. 2, Sri Ankur Sarma is suffering from Diabetics Miletus with Peripheral Neuropathy and his father is also suffering from different ailments and there is none to look after them, except the applicant, and he has also a minor daughter to look after, and therefore, it is contended to allow the petition.

¶5On the other hand, by producing the Case Diary before this Court, Mr. Barua, learned Additional Public Prosecutor submits that in the FIR dated

02.07.2022, lodged by the informant shows the names of the applicants, who have intimidated the informant of this case for not to withdrawing the case, and therefore, Mr. Barua contended to dismiss the petition.

¶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 produced before this Court with the assistance of Mr. Barua, learned Additional Public Prosecutor.

¶7It is to be noted here that, to a pointed query of this court, Mr. Azad, Page No.# 4/4 learned counsel for the applicants submits that he has no medical document to support his submission that the applicant No. 1 is advised by the Doctor for admission in the Hospital and also he has no document to show vomiting blood by the applicant No. 1. Further it appears that the medical document, in respect of Nilima Devi, the mother of the applicant No. 2, does not indicate that she has been suffering any medical emergency requiring the presence of the applicant No. 2 besides her.

¶8In view above and also in view of the materials collected so far in the case diary and also in view of the nature and gravity of the offence and punishment prescribed for the same and further, considering the submissions of learned counsel for both the parties, this court is of the view that this is not a fit case where the privilege of pre-arrest bail can be extended to the applicants, and accordingly, the petition stands dismissed.

¶9Case diary be returned. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010271262022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4/2023o HIRAKoJYOTIoSARMAoANDoANRo S/OoTARANIoSARMAo R/OoVILL-oPACHIMoNAOKATAo P.O.oNAOKATAo P.S.oGORESWARo DIST.oTAMULPUR,oBTR,oASSAM,o PIN-781364 2:oSRIoANKURoSARMA oS/OoPARESHoSARMAo R/OoVILL-oPACHIMoNAOKATAo P.O.oNAOKATAo P.S.oGORESWARo DIST.oTAMULPUR oBTR oASSAMo PIN-78136o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoAoKoAZADo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN