Abani Kanta Das and 2 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010286792023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4265/2023o ABANIoKANTAoDASoANDo2oORSo S/OoHIRENDRAoDASo R/OoBATAHGHULI,oPANJABARI,oAMRITPUR,oHOUSEoNO.o02,oNEARoGANESH MANDIR,o P.S.oSATGAON,oGUWAHATI-781037o DIST.oKAMRUPo(M),oASSAM 2:oSAURAVoDAS oS/OoABANIoKANTAoDASo R/OoBATAHGHULI oPANJABARI oAMRITPUR oHOUSEoNO.o02 oNEARoGANESHoMANDIR o P.S.oSATGAON oGUWAHATI-781037o DIST.oKAMRUPo(M) oASSAM 3:oPRANABoDAS oS/OoABANIoKANTAoDASo R/OoBATAHGHULI oPANJABARI oAMRITPUR oHOUSEoNO.o02 oNEARoGANESHoMANDIR o P.S.oSATGAON oGUWAHATI-781037o DIST.oKAMRUPo(M) oASSAo VERSUSo Page No.# 2/3 THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. G PHUKAN Advocate for the Respondent : PP, ASSAM

B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

23.01.2024

Heard Mr. G. Phukan, learned counsel appearing for the petitioners. Also heard Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973 for granting anticipatory bail to the petitioners, namely 1) Abani Kanta Das, 2) Saurav Das and 3) Pranab Das, in connection with Satgaon P.S. Case No. 228/2023, corresponding to G.R. Case No. 9123/2023 under Sections 325/326/307/34 of the Indian Penal Code, 1860.

¶3The case diary as called for is placed before the Court.

¶4The case of the prosecution is that the petitioners assaulted the informant with dao and fractured his hand.

¶5Mr. D. Das, learned Addl. P.P. submits that the case diary shows that the petitioners appeared before the Investigating Officer and got their statement recorded under Section 161 Cr.P.C, as per the interim pre-arrest bail granted Page No.# 3/3 earlier. There is no adverse report against the petitioners from the I/O.

¶6It appears from the statement recorded under Section 161 Cr.P.C that due to a provocation, scuffle took place between the petitioners and the informant. This Court finds that custodial interrogation of the petitioners may not be required in the interest of ongoing investigation into the case.

¶7Accordingly, the interim pre-arrest bail granted vide order, dated 22.12.2023 is hereby made absolute, subject to the following conditions-

(i) That the petitioners shall co-operate in investigation as and when required; and

(ii) That the petitioners 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.

¶8This disposes of the anticipatory bail application.

¶9Return the case diary.

JUDGE Comparing Assistant