Gauhati High Court
Page No. 1/4 vs The State Of Assam on 6 January, 2023
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/4
GAHC010001962023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/27/2023
SUNILAL RAY @ SUNIL RAY AND 7 ORS
S/O LATE GANGARAM RAY, R/O KHAGARPUR PART-V, P.O.-KHAGARPUR,
P.S.-ABHAYAPURI, DIST-BONGAIGAON, ASSAM, PIN-783383
2: SAUINDRA RAY @ SAKINDRA RAY
S/O LATE JOGEN RAY
R/O KHAGARPUR PART-V
P.O.-KHAGARPUR
P.S.-ABHAYAPURI
DIST-BONGAIGAON
ASSAM
PIN-783383
3: MRIDUL RAY
S/O SRI SAUINDRA RAY
R/O KHAGARPUR PART-V
P.O.-KHAGARPUR
P.S.-ABHAYAPURI
DIST-BONGAIGAON
ASSAM
PIN-783383
4: MRINAL RAY
S/O SRI SAUINDRA RAY
R/O KHAGARPUR PART-V
P.O.-KHAGARPUR
P.S.-ABHAYAPURI
DIST-BONGAIGAON
ASSAM
PIN-783383
5: SAMBARU RAY
S/O LATE GANGARAM RAY
R/O KHAGARPUR PART-V
Page No. 2/4
P.O.-KHAGARPUR
P.S.-ABHAYAPURI
DIST-BONGAIGAON
ASSAM
PIN-783383
6: RATUL CHANDRA RAY @ RUTUL RAY
S/O SRI NAREN RAY
R/O KHAGARPUR PART-V
P.O.-KHAGARPUR
P.S.-ABHAYAPURI
DIST-BONGAIGAON
ASSAM
PIN-783383
7: DEBOJIT PATGIRI @ DEBO PATGIRI
S/O LATE SUNIL PATGIRI
R/O KHAGARPUR PART-V
P.O.-KHAGARPUR
P.S.-ABHAYAPURI
DIST-BONGAIGAON
ASSAM
PIN-783383
8: RAJEN CH. RAY @ RAJENDRA CHANDRA RAY
S/O LATE SISIR KUMAR RAY
R/O KHAGARPUR PART-III
P.O.-KHAGARPUR
P.S.-ABHAYAPURI
DIST-BONGAIGAON
ASSAM
PIN-78338
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A.I. AHMED
Advocate for the Respondent : PP, ASSAM
Page No. 3/4
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 06.01.2023 Heard Mr. A.I. Ahmed, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. [1] Sunilal Ray @ Sunil Ray, [2] Sri Sauindra Ray @ Sakindra Ray, [3] Mridul Ray, [4] Mrinal Ray, [5] Sri Sambaru Ray, [6] Ratul Chandra Ray @ Rutul Ray, [7] Debojit Patgiri @ Debo Patgiri and [8] Rajen Ch. Ray @ Rajendra Chandra Ray have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Abhayapuri Police Station Case no. 520/2022 [G.R. Case no. 763/2022], registered for the offences under Sections 147/427/379/436, Indian Penal Code [IPC].
3. In the First Information Report [FIR], the informant has claimed that he had been in a possession of a plot of land [the subject-plot] since 1996 and in the said plot of land, he had a cow-shed and a dwelling house. There exists a pond and about 100 nos. of betel nut trees in the subject-plot. On 13.11.2022, the accused persons, named in the FIR, criminally trespassed into the subject-plot, which was under his possession and caused damages to the cow-shed, the dwelling house, betel nut trees standing on the subject-plot, etc. The informant has estimated the damages at several lakhs of rupees.
4. The petitioners have projected that they are members of M/s Khagarpur Rubber Samabai Samity ['the Society'] and the subject-plot was allotted in favour of the Society by the Sub-Divisional Land Advisory Committee, Bongaigaon in its meeting held in the office of the Deputy Commissioner, Bongaigaon on 24.05.2002 and since then, the Society of which the petitioners are members, is in possession of the subject-plot and as such, the projection made by the informant is in the FIR is not true.
Page No. 4/45. List the case on 07.02.2023 to enable the learned Additional Public Prosecutor to produce the case diary.
6. Having regard to the nature of allegations made in the FIR and the projections made on behalf of the petitioners on the basis of the documents annexed to the application, it is provided, in the interim, that in the event of arrest of the petitioners viz. [1] Sunilal Ray @ Sunil Ray, [2] Sri Sauindra Ray @ Sakindra Ray [3] Mridul Ray, [4] Mrinal Ray, [5] Sri Sambaru Ray, [6] Ratul Chandra Ray @ Rutul Ray, [7] Debojit Patgiri @ Debo Patgiri and [8] Rajen Ch. Ray @ Rajendra Chandra Ray in connection with Abhayapuri Police Station Case no. 520/2022, they shall be released on bail on furnishing a bail bond of ₹ 25,000/- each with one local surety each of the like amount, to the satisfaction of the arresting authority subject to the conditions that :-
[i] the petitioners shall appear before the Investigating Officer [I.O.] of the case within 7 [seven] days from today and shall cooperate with the investigation and shall thereafter, make themselves available as and when their presence are required by the I.O. in the investigation of the case; [ii] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; and [iii] the petitioners shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
JUDGE Comparing Assistant