Gauhati High Court
Sanjay Deka @ Saru vs The State Of Assam on 26 May, 2023
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010106702023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1765/2023
SANJAY DEKA @ SARU
S/O LATE SONA RAM DEKA
R/O BEZERA
P.S. BAIHATA CHARIALI
DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
26-05-2023 Heard Mr. D. Saikia, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor, Assam.
This Anticipatory Bail petition has been filed by the petitioner, namely, Sanjay Deka @ Saru, who is apprehending his arrest in connection with Baihata Page No.# 2/3 Chariali P.S. Case No.133/2023 registered under Sections 143/147/333/ 353/ 427/ 355/ 506 of the IPC read with Section 3 of PDPP Act.
Learned counsel for the petitioner submits that as per the FIR dated 08.05.2023 at about 10.10 PM a fire incident had taken place in Bezera Chowk. The informant, who is the Officer-in-Charge of the Baihata Chariali Police Station along with the staff as well as the Fire Brigade staff came to control the situation. Thereafter, a group of about 10/12 persons restrained the police party by forming an unlawful assembly and started assaulting the Fire Brigade people as well as the police party by throwing stones and other blunt objects. Because of stone pelting some of the staffs were injured and there was threat to kill the Government servants also. The vehicle bearing registration No.AS-30-6254 used by the Fire & Emergency Service of Baihata Chariali was also damaged in the incident. According to the informant, 4 persons named in the FIR are suspected to be responsible for causing the mischief.
Learned counsel for the petitioner submits that the petitioner was not involved in the offence and he is not named in the FIR. However, he is apprehending his arrest because he is a young person residing in the locality of Baihata Chariali.
Ms. S.H. Borah, learned Additional Public Prosecutor, submits that at this stage the case diary of Baihata Chariali P.S. Case No.133/2023 registered under Sections 143/147/333/ 353/ 427/ 355/ 506 of the IPC read with Section 3 of PDPP Act be called for along with the injury report.
Let the case diary in respect of Baihata Chariali P.S. Case No.133/2023 registered under Sections 143/147/333/ 353/ 427/ 355/ 506 of the IPC read with Section 3 of PDPP Act along with the injury report be called for.
Page No.# 3/3 In the meantime, it is provided that in the event of arrest of the petitioner, named above, in connection with the above noted case, he shall be released on interim pre-arrest bail upon furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with 1 (one) local surety of like amount to the satisfaction of the arresting authority, subject, of course to the following conditions:
(i) That the petitioner shall appear before the Investigating Officer within 10 (ten) days from today;
(ii) That the petitioner shall not hamper or tamper with the investigation in any manner;
(iii) That the 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 office; and
(iv) That the petitioner shall not leave the jurisdiction of Baihata Chariali Police Station without obtaining prior written permission from the concerned Investigating Officer of the case.
In the event, the petitioner is found to have violated any of the above conditions or is found to be involved in other offences, the Investigating Officer shall be at liberty to apply for recall/cancellation of the interim bail granted to the petitioner.
Let the matter be listed on 19.07.2023 enabling the learned Additional P.P. to produce the Case Diary along with the injury report before this Court.
JUDGE Comparing Assistant