The Gauhati High Court disposed of an anticipatory bail application by eight applicants facing charges of religious conversion and unlawful confinement. The court made the interim bail absolute, noting victims' affidavits indicated voluntary conversion.
Interim anticipatory bail order dated 12.09.2023 made absolute; case diary returned.
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GAHC010202332023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3108/2023
JASHIKA RABHA AND 7 ORS W/O JANAK KUMAR RABHA R/O VILL- PAKHIHAGA PRATHAM KHANDA P.O. AND P.S. BAGRIBARI DIST. KOKRAJHAR, ASSAM
2: DHANBATI RABHA W/O THOMACH RABHA VILL- DEBITOLA AJ KHANDA P.O. AND P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM
3: PAPILA RABHA W/O SANJAY KOCH R/O KALBHANDARI PART-I P.O. AND P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM
4: ANANTA KUMAR RABHA @ ANANTA KUMAR SUMRI S/O MANBARU RABHA R/O DEBITOLA PART-II DIST. DHUBRI ASSAM 5: BELISHWOR RABHA S/O MANIRAM RABHA R/O KALBHANDARI PART-I DIST. DHUBRI ASSAM
6: THOMAS RABHA S/O NAWDIYA RABHA
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R/O DEBITOLA PART-II P.O. AND P.S. BAGRIBARI DIST. KOKRAJHAR ASSAM
7: BARNOBA RABHA S/O LATE TIPENDRA RABHA R/O KALBHANDARI PART-II DIST. DHUBRI ASSAM
8: SANTO KUMAR RABHA S/O BHABENDRA RABHA R/O PAKHIHAGA PART-I DIST. DHUBRI ASSA VERSUS
THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. SURAJIT DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
06.11.2023
Heard Mr. S. Das, learned counsel for the applicants and also heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
2. Apprehending arrest in connection with Kazigaon P.S. Case No.62/2023, under Sections 153A/295A/34 IPC, this application under Section 438 Cr.P.C. is preferred by eight applicants, namely, Jashika Rabha, Dhanbati Rabha, Papila Rabha, Ananta Kumar
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Rabha @ Ananta Kumar Sumri, Belishwor Rabha, Thomas Rabha, Barnoba Rabha and Santo Kumar Rabha for grant of pre-arrest bail.
3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Sukradhan Rabha on 17.08.2023. The essence of allegation made in the FIR is that on 16.08.2023 the applicants have allured two persons, namely, Holiram Rabha and Sahika Rabhani of Debitola and converted them to Christian, and since then they have been kept confined in some unknown place resulting law and order situation in the aforesaid place.
4. Mr. Das, learned counsel for the applicants submits that this Court was pleased to grant the privilege of interim pre-arrest bail to the applicants vide order dated 12.09.2023, and pursuant to the said order, the applicants had appeared before the I.O. and they have been cooperating with the investigating agency and therefore, Mr. Das contended to make the interim order dated 12.09.2023, absolute, in the same terms and conditions.
5. On the other hand, Mr. K.K. Das, learned Additional Public Prosecutor has produced the case diary before this Court and confirmed that the applicants have appeared before the I.O., but their statements are not available in the record. Referring to the affidavit at page-14, Mr. Das submits that the victims, namely, Haliram Rabha and Sahika Rabha have changed their faith to Christianity out of their own volition and they have not been forced by anyone.
6. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Das, learned Additional P.P.
7. It appears from the affidavit, dated 17.08.2023, that the victims, namely, Haliram Rabha and Sahika Rabha have changed their faith on their own volition and they have not been pressurized by anybody. Further it appears that the applicants have appeared before the I.O. and they have been cooperating with the investigating agency. In view of above,
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custodial interrogation of the applicants seems to be not warranted here in this case and therefore, this Court is inclined to make the interim order dated 12.09.2023, absolute, in the same terms and conditions.
8. In terms of above, this anticipatory bail application stands disposed of.
9. Case diary be returned.
Sd/- Robin Phukan JUDGE
Comparing Assistant
2 issues framed by the court
Whether interim pre-arrest bail should be made absolute in a case alleging conversion and unlawful confinement.
Whether custodial interrogation is warranted where victims state the conversion was voluntary.
3 provisions across 2 enactments
Jashika Rabha and 7 others
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
