Gauhati High Court
Anand Bagawar vs The State Of Assam on 20 September, 2022
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
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GAHC010187322022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2322/2022
ANAND BAGAWAR
S/O MADMA BAGAWAR
R/O 3 NO. POLICEMARI,
GELAPUKHURI, BISWANATH, SONITPUR, PIN-784175
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 20-09-2022 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Addl. P.P. for the State.
2. The petitioner, namely, Anand Bagawar who was arrested on 28.08.2022, in connection with Fatashil Ambari P.S. Case No. 180/2022, under Page No.# 2/4 sections 279/304/427/338 of the IPC, is seeking regular bail under section 439 IPC.
3. The learned Addl. P.P. has produced the investigation report from the I.O. and has opposed the prayer for bail on the ground that on 27.08.2022, the petitioner was driving a truck inside the Guwahati City at peak traffic hours in an inebriated condition and had hit another commercial passenger vehicle as a result of which one 26 year old young passenger therein had died and several passengers had received injury of various description.
4. From the investigation report of the I.O. it appears that the fateful accident had occurred on 27.08.2022 at 10.30 am at a very busy Saukuchi near Budhbaria bazar when the petitioner, who was driving the truck had hit the commercial passenger vehicle and as a result, one of the passenger of the commercial passenger vehicle had received grievous injury and when he had been taken to the GMCH, the doctors declared him brought dead. The police had arrested the petitioner and conducted breathalyzer test on him at 10.50 am, and his Blood Alcohol Concentration (BAC) was 451 mg/100 ml, which according to the learned Addl. P.P. was very much higher than the permissible tolerable limits and it was submitted that driving a heavy vehicle like truck with such a high level of BAC had caused the accident. Thus, it appears that the petitioner was driving a heavy vehicle after taking a very high level of alcohol in morning rush hours of the Guwahati City.
5. This incident reminds the Court of the observations made by the Page No.# 3/4 Supreme Court of India in the case of Alister Anthony Pareria v. State of Maharashtra, (2012) 2 SCC 648, which is quoted below:-
World Health Organisation in the Global Status Report on Road Safety has pointed out that speeding and drunk driving are the major contributing factors in road accidents. According to National Crime Records Bureau (NCRB), the total number of deaths due to road accidents in India every year is now over 1,35,000. NCRB Report also states drunken driving as a major factor for road accidents. Our country has a dubious distinction of registering maximum number of deaths in road accidents. It is high time that law makers revisit the sentencing policy reflected in Section 304A IPC.
6. In the case of State Tr. P.S. Lodhi Colony, New Delhi v. Sanjeev Nanda, (2012) 8 SCC 450, while considering the sentencing policy in a drunk driving case, the Supreme Court of India, apart from sentence of simple imprisonment, had also directed the respondent to deposit Rs.50.00 lakh to the State to be utilized for providing compensation to victims of motor vehicle cases where the vehicle owner, driver, etc. cannot be found and in addition had also directed the respondent to do community service for a further period of two years.
7. In the present case in hand, the Court is of the considered opinion that if the petitioner is granted bail, he is most likely to abscond as there are sufficient materials against him in the case diary.
8. Accordingly, the prayer for bail is refused at this stage.
9. This application is disposed of.
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10. The investigation report of the I.O. along with breathalyzer test result is returned.
JUDGE Comparing Assistant