Gauhati High Court
Page No.# 1/2 vs The State Of Assam on 28 October, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/2
GAHC010002582021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
AB/3798/2020
ROBIN DAS AND ANR
S/O LATE THANURAM DAS
R/O NATUN MELENG GAON
P.O.-BORKHELIA
P.S.-TEOK
DIST-JORHAT
ASSAM
2: SMTI JYOTSHNA DAS
W/O SRI INIKEN CHANGMAI
R/O VILL-JORHATIA
P.O.-DHOLPUR
P.S.-BIHPURIA
DIST-LAKHIMPUR
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
------------
Advocate for : MR. P HAZARIKA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
28.10.2021 Heard Mr. P.K. Munir, learned counsel for the petitioners and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
Page No.# 2/2 By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. 1) Sri Robin Das, and 2) Smti. Jyotshna Das have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Teok Police Station Case no. 854/2020, registered under Sections 120B/304B/34, Indian Penal Code [IPC].
In the First Information Report [FIR] lodged on 11.12.2020, five persons were named as accused including the present two petitioners.
Mr. Goswami, learned Additional Public Prosecutor has submitted that the investigating officer of the case, after completion of investigation in connection with Teok Police Station Case no. 854/2020, has submitted a charge sheet vide Charge Sheet no. 187/2021 dated 05.08.2021 finding a prima facie case against the accused Momi Das, Rajib Das, and Ranjit Das.
As the two petitioners have not been charge sheeted, no further adjudication on this bail application is necessitated and accordingly, the same stands closed.
JUDGE Comparing Assistant