Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 22 November, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/4
GAHC010128312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2491/2021
NIPUN KAMAN AND 2 ORS
S/O GOMESWAR KAMAN
R/O ALIMUR CHAPORI
P.S. GHILAMARA
DIST.LAKHIMPUR, ASSAM
2: SRI MRINAL PAGAG
S/O KESHARAM PAGAG
R/O MARNOI PATICHUK
P.S. GHILAMARA
DIST. LAKHIMPUR.
3: SRI BABA MILI
S/O NABAJYOTI MILI
R/O MARNOI PATICHUK
P.S. GHILAMARA
DIST. LAKHIMPUR
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A KHANIKAR
Advocate for the Respondent : PP, ASSAM
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
22.11.2021 Heard Mr. A. Khandkar, learned counsel for the accused petitioner. Also heard Mr. R.K. Kaushik, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre- arrest bail to the petitioner, namely (1) Nipun Kaman, (2) Mrinal Pagag and (3) Baba Mili apprehending arrest in connection with Ghilamara P.S. Case No. 143/2021 registered u/s 448/427/376/511/325/323/34 of the IPC.
The Case diary, as called for, is placed before the Court.
The FIR reveals that on 03.08.2021 at about 7 p.m. the accused persons hitted the informant's son and one Sri Nripen Kaman and one Sri Mrinal Pagag, which resulted them in sustaining grievous injuries. It is also seen that the accused persons also destroyed the Pulsar motor cycle of Sri Nripen Kaman and one Poco Mobile of the informant's son. On hearing the hue and cry of the victims nearby people gathered around and finally rescued them. All the three victims are currently undergoing treatment at NL Civil hospital.
The investigating officer in his note, dated 10.11.2021, mentions that despite service of notice, the alleged victim has not turned up to get her statement recorded under section 164 Cr.P.C.
The injury reports show that the victim and her husband sustained simple injuries caused by blunt objects.
Page No.# 3/4 On scrutiny of the statements of the witnesses, under section 161 Cr.P.C., it appears that there was no eye witness to the alleged occurrence although the alleged incident took place during night hours at the victim's house. None of the neighbours rushed to her house forthwith hearing hue and cry. The villagers gathered at the place of occurrence after the incident was over.
On a careful consideration of the pros and cons of the facts and evidence so far collected, this Court finds that the custodial interrogation of the petitioners in the interest of investigation is not warranted.
Therefore, it is provided that in the event of arrest, the petitioners, named above, shall be released on interim pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:
(i) That the petitioners shall appear before and cooperate with the Investigating Officer within 7 days;
(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.
(iii) That the accused petitioner shall refrain from committing any offence similar to the one of which he is accused or suspected of commission.
Return back the case diary.
The application stands disposed of.
Page No.# 4/4 JUDGE Comparing Assistant