Gauhati High Court
Biki Baruah @ Bibek Baruah vs The State Of Assam on 8 October, 2020
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/2
GAHC010115552020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2175/2020
1:BIKI BARUAH @ BIBEK BARUAH
S/O SRI SUNIL BARUAH, R/O MARGHERITA BUDDHA VIHAR ROAD, P.O.
AND P.S.-MARGHERITA, DIST-TINSUKIA, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. JYOTIRMOY ROY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 08-10-2020 Heard Mr. J. Roy, learned counsel appearing for the petitioner. Also heard Mr. H. Sharma, the learned Additional Public Prosecutor for State of Assam.
The petitioner Biki Baruah @ Bibek Baruah has prayed for pre-arrest bail, u/s 438 of the Cr.P.C, in the matter of Margherita P.S. Case No. 221/2020, u/s 325/307 of IPC, read with Section 3 (iv) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.
The petitioner himself is a Buddhist by religion. One Buddhist Monk has lodged an FIR alleging that on 24.07.2020, the petitioner had attempted to cause hurt to another Buddhist Monk with his motorcycle.
Page No.# 2/2 It is alleged that the petitioner has been creating trouble in the Buddhist Monastery.
From the material available in the record, it appears that there is a dispute going on between two factions of Buddhist Monks. The case diary does not reveal anything to show that the petitioner had further use abusive language to hurt the sentiment of other people. In my considered opinion, petitioner does not deserve to be detained in custody for the allegation brought against him. Therefore, pre-arrest bail prayer of the petitioner is allowed.
Accordingly, interim order passed on 22.09.2020 is hereby made absolute, subject to the condition that the petitioner shall appear before the Investigating Officer as and when called for.
The bail application stands disposed of.
JUDGE Comparing Assistant