Prafulla Borah vs The State Of Assam on 20 February, 2020

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Gauhati High Court

Prafulla Borah vs The State Of Assam on 20 February, 2020

Bench: Manish Choudhury

                                                                                Page No.# 1/2

GAHC010040832020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                    Case No. : AB 644/2020

            1:PRAFULLA BORAH
            S/O- SRI NARAM BORAH, VILL- NEW-ROWMARI, P.O. BOTIYAMARI, P.S.
            BEHALI, DIST.- BISWANATH (ASSAM), PIN- 784179

            VERSUS

            1:THE STATE OF ASSAM
            REP. BY P.P., ASSAM

Advocate for the Petitioner   : MR. R P HAZARIKA

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 20-02-2020 Heard Mr. R.P. Hazarika, learned counsel for the accused-petitioner and Mr. K. Konwar, learned Additional Public Prosecutor for the State.

By this application under Section 438, Code of Criminal Procedure, 1973 (Cr.P.C.), the accused-petitioner viz. Sri Prafulla Borah has prayed for pre-arrest bail apprehending his arrest, in connection with Behali Police Station Case No. 126/2019, (G.R. Case NO. 926/2019) registered under Sections 143/145/147/307/353/338/427, I.P.C. read with Section 3 of the Prevention of Damage of Public Property Act.

The FIR has been instituted in respect of an incident of protest carried out on Page No.# 2/2 12.12.2019 in front of the house of a cabinet minister at Borkathiabari gaon. Despite an order under Section 144, Cr.P.C. a group of people, numbering about 1,000, pelted stones on the officials deployed there to maintain law and order. 3 (three) persons have been named in the FIR but the accused-petitioner has not been named in the FIR.

Upon due consideration of the aforesaid facts, this Court is of the view that the accused-petitioner has made a prima facie case for interim protection, pending further consideration of the matter upon receipt of the concerned case diary.

Accordingly, it is directed that the accused-petitioner shall appear before the Investigating Officer of the case within 10 (ten) days and in the event of his arrest, he shall be released, in the interim, on furnishing of a bail bond of Rs. 10,000/- with one surety of the like amount, to the satisfaction of the arresting authority, subject to the following conditions:-

1. The accused-petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from its Officer-in-Charge, Behali Police Station;

2. The accused-petitioner shall not hamper with the investigation or tamper with the evidence of the case; and

3. The accused-petitioner 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.

Call for the case diary on 12.03.2020.

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