Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 5 December, 2022
Page No.# 1/4
GAHC010235422022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3128/2022
JIT MUDOI AND ANR
S/O- INDESWAR MUDOI, VILL- NIZ LALUK, P.S- LALUK, DIST-
LAKHIMPUR, ASSAM, PIN-784160
2: TAPAN PHUKAN
S/O- MILESWAR PHUKAN
R/O- VILLAGE NO 1
SALMORIA
P.S- LALUK
DIST- LAKHIMPUR
ASSAM
PIN-78416
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM
Advocate for the Petitioner : MR. A KHANIKAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
05.12.2022.
Page No.# 2/4 Heard Mr. A. Khanikar, learned Counsel for the accused and also heard Mr. BB Gogoi, learned Addl. P.P., Assam appearing for the State respondent.
This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by two accused, namely, Jit Mudoi and Tapan Phukan, who are languishing in jail hazot since 19.06.2022, in connection with North Lakhimpur P.S. Case No.262/2022, under Section 120(B)/121/121A of the IPC, read with Sections 10/13/15(1)(a)/17/18/18B of the UA(P) Act, read with Section 66(F) of the I.T. Act, corresponding to G.R. Case No.564/2022 (Sessions Case No.48(NL)/2022), for granting bail.
The said case has been registered on the basis of an F.I.R., lodged by Uddhab Nath, Inspector of Police, on 25.05.2022, to the effect that he came to know from reliable source that some newly recruited ULFA(I) cadres, namely, 1) Smti Samistha Saikia, 2) Sri Jayanta Saikia, 3) Sri Paban Saikia, 4) Smti Ranku Bhuyan and 5) Sri Babul Gogoi are found to be directly involved in canvassing and recruiting youths from different parts of Lakhimpur District to join in the banned ULFA(I) organization by engaging some local youths through social media, such as face book, etc. Mr. Khanikar, learned Counsel for the accused submits that the accused are behind the bar for last 169 days and that one co-accused has already been enlarged on bail by this Court, vide order dated 24.08.2022, in B.A. No.2029/2022 and that the names of the accused persons finds no mention in the FIR and the I.O. has applied for extension of the period of detention only, after completion of 90 days which is impermissible and that the accused are innocent and therefore, it is contended to allow the petition.
On the other hand, Mr. BB Gogoi, learned Additional Public Prosecutor, Assam Page No.# 3/4 has produced the case diary before this Court and submits that the I.O. has collected sufficient materials against the accused and therefore, opposed the petition.
Having heard the submissions 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. Gogoi, learned Additional Public Prosecutor.
It appears that the accused were arrested on 19.06.2022 and since then, they are behind the bar for last 169 days. It further appears that the name of the petitioners are not there in the FIR and it also appears from the grounds of arrest, mentioned in the forwarding report dated 19.06.2022, that they have posted some message supporting banned ULFA(I) organization, which encourages others to join in the said organization, and they are active member of ULFA earlier.
It also appears from the case diary that material parts of investigation is almost over and considering the materials, collected so far in the case diary, this Court is of the view that there exists no reasonable ground for believing that the allegation made in the FIR, against the present accused persons are is prima facie true and as such, the bar under Section 43(D)(5) of the UA(P) Act, 1967 would not stand in the way of enlarging the accused persons on bail, at this stage.
Having considered above and also the submission of learned Advocates for the parties, this Court is inclined to allow this petition and accordingly, it is provided that on furnishing a bond of Rs.25,000/- (Rupees two five thousands) each only, with one surety of like amount, to the satisfaction of the learned Session Judge, Page No.# 4/4 Lakhimpur at North Lakhimpur, the accused persons, named above, shall be be enlarged on bail, in connection with the Sessions Case No.48(NL)/2022.
In terms of above, this bail application stands disposed of.
JUDGE Comparing Assistant