Petitioners sought pre-arrest bail under Section 438 CrPC in connection with protest rally charges. The Court held that no substantive case exists for custodial detention and made earlier interim bail absolute.
Interim bail granted earlier made absolute. Case diary returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010150102021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2876/2021
LITSONG RONGPHAR AND 2 ORS S/O SINOT RONGPHAR VILL- PHELANGPI, PATOR ARONG, P.O. AND P.S. KHERONI DIST. KARBI ANGLONG, ASSAM PIN-782410
2: RATAN TERANG SON OF MONOHAR TERANG VILL AND P.O. RICHOHIDI P.S. BAKALIA
DIST. KARBI ANGLONG ASSAM PIN-782416 3: ANGTONG ENGTI @ ANGTONG INGTI KATHAR SON OF JOYSING ENGTI VILL- PHELANGPI PATOR ARONG P.O. AND P.S. KHERONI DIST. KARIBI ANGLONG ASSAM PIN-78241 VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M SARANIA
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Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 03-01-2022
By filing this petition under Section 438 CrPC, the petitioners, namely-(1) Litsong Rongphar, (2) Ratan Terang, and (3) Angtong Engti @ Angtong Ingti Kathar have sought for pre-arrest bail in connection with Diphu Police Station Case No.254/2021, registered under Section 188/143/336/353/341/506 of the IPC read with Section 4 of PDPP Act.
Heard the learned counsel for the petitioners as well as the learned Addl. Public Prosecutor representing the State. Also perused the case diary and the documents annexed thereto.
On perusal of the entirety of the matter, it reveals that 24 social organizations including the Karbi Student Union organized a protest rally in order to enforce the peace agreement entered into between the Government of India and the extremists under Clause 2, 3, which goes against the interest of the Karbi people.
Nothing emerges as about the destruction of the public property and obstruction to the police personnel from discharging their lawful duty warranting custodial detention of the accused persons/petitioners.
Taking note of all above, interim bail so granted earlier is hereby made absolute. Return the case diary.
JUDGE
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Comparing Assistant
2 issues framed by the court
Whether interim bail granted in anticipation of arrest should be made absolute despite allegations of obstructing police and public property.
Whether the petitioners warrant custodial detention for organizing a protest rally against a peace agreement.
1 provisions across 1 enactments
Litsong Rongphar
Ratan Terang
Angtong Engti
State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
