Namit Kumar and 2 Ors v. The State of Assam

ORDER

30.01.2024 Heard Mr. A.K. Ahmed, learned counsel for the applicants and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Basistha P.S. Case No.706/2023, under Section 353/332/427/34 IPC, this application under Section 438 Cr.P.C. has been preferred by three applicants, namely, Namit Kumar, Dipak Kumar and Chandan Kumar, 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 Saddam Ali on 14.11.2023. The essence of allegation made in the aforesaid FIR is that on 13.11.2023 he took one Amrit Kumar and Mukesh Singh, who were picking up quarrel and sustained injuries, to the Hospital for medical checkup and then Amrit Kumar tried to escape and while he was trying to recapture him, then the Page No.# 3/3 accused persons assaulted him and tore his uniform and damaged his mobile phone.

¶4Mr. Ahmed, learned counsel for the applicants submits that this Court vide order dated 22.12.2023, has extended the privilege of interim pre-arrest bail to the applicants and pursuant to the said order, the applicants have appeared before the I.O. and they have been cooperating with the investigating agency and therefore, it is contended that the interim order dated 22.12.2023, may be made absolute, in the same terms and conditions.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the applicants had appeared before the I.O. and that the I.O. has achieved substantial progress in the investigation of this case.

¶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. Sarma, learned Additional P.P.

¶7It appears that in view of the order dated 22.12.2023, the applicants have appeared before the I.O. and they have been extending cooperation with the investigating agency. Further, it appears that the I.O. has achieved substantial progress in the investigation of this case and in that view of the matter, custodial interrogation of the applicants seems to be not warranted here in this case and therefore, this Court is inclined to make the interim order dated 22.12.2023, absolute, in the same terms and conditions. Case diary be returned.

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

PageoNo.#o1/3 GAHC010285732023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4254/2023o NAMIToKUMARoANDo2oORSo S/OoOMoPRAKASHoSINGHo R/OoBISARPUR,o P.O.oANDoP.S.oHARINUMARo DIST.oMUNGAL,oBIHARo PRESENTLYoRESIDINGoAToBALUGHATo DEURAoBUILDING,oP.S.oBASISTHAo DIST.oKAMRUPo(METRO),oASSAM 2:oDIPAKoKUMAR oS/OoSANJAYoMAHTOo R/OoGARUAo1 oWARDoNO.o09 P.O.oANDoP.S.oGAURAo DIST.oBEGUSARAI oBIHARo PIN-851113o PRESENTLYoRESIDINGoAToBALUGHATo DEURAoBUILDING oP.S.oBASISTHA DIST.oKAMRUP oMETRO oASSAM 3:oCHANDANoKUMAR oS/OoRAJENDRAoMAHTOo R/OoWARDoNO.o1 oGAJIPURo BARAUNIo-01 oBARAUNIo P.O.oANDoP.S.oTAGHARAo DIST.oBEGUSARAI oBIHAR oPIN-851113o Page No.# 2/3 PRESENTLY RESIDING AT BALUGHAT DEURA BUILDING P.S. BASISTHA DIST. KAMRUP (METRO) ASSMA MOBILE NO. 700277814 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A K AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN