Single judge order allowing an anticipatory bail petition and making interim bail absolute after finding case diary lacked materials linking petitioners to injuries or hampering investigation.
Bail allowed; interim bail of petitioners 3 & 4 made absolute; petitioners 1 & 2 granted interim pre-arrest bail with conditions.
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GAHC010039422023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/638/2023
PANDIT NATH AND 3 ORS. S/O BHOTAGUTI NATH
ALL ARE PERMANENT RESIDENTS OF VILL.- JAMUGURI P.S.- JAJORI
IN THE NAGAON DISTRICT OF ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE LEARNED P.P., ASSAM.
Advocate for the Petitioner : MR A W AMAN
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
03-05-2023
Heard Mr. S. Nawaz, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam.
This Anticipatory Bail petition has been filed by the petitioners, namely, 1) Pandit Nath, 2) Nitul Rabha, 3) Nitumoni Rabha & 4) Pitambar Nath, who are apprehending their arrest in connection with Jajori P.S. Case No.6/2023 under Sections 120B/341/326/307/506 of the IPC.
By an FIR dated 16.01.2023 lodged by the informant one Ratna Saikia Bordoloi, it was alleged that the petitioner along with the other accused named in the FIR had attacked the husband of the informant while he was returning home from a religious function. In the said incident the husband of the informant received grievous injuries and it is alleged that the condition of the husband of the informant is critical and he has been admitted to the hospital for medical treatment.
This Court by the order dated 28.02.2023 while calling for the case diary granted interim protection to the petitioner nos. 3 & 4, while the prayer for bail of the petitioner nos. 1 & 2 were directed to be considered at a later stage.
The case diary, as called for, has been received and this Court has perused the same.
Learned counsel for the parties have been heard.
Upon perusal of the case diary, it is seen that the husband of the
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informant suffered injuries which were treated and the medical report stated that the medical report stated that the injuries were shown to be of grievous in nature.
From the perusal of the case diary no materials are as to who had caused the injury on the husband of the informant.
There are no materials in the case diary as on date to suggest that the grant of anticipatory bail will hamper the further investigation of the case carried on. Accordingly, this bail petition is allowed.
There are no materials in the case diary to suggest that pursuant to grant of interim bail the petitioner nos. 3 & 4 did not co-operate with the investigation. As per the FIR the allegations are against all the 4 (four) persons.
Interim bail granted to the petitioner nos. 3 & 4 on are hereby made absolute on the same conditions as has been done by the earlier order dated 28.02.2023.
In so far as, the petitioner nos. 1 & 2 i.e. 1) Pandit Nath, 2) Nitul Rabha are concerned, they shall be released on interim pre-arrest bail in connection with Jajori P.S. Case No.6/2023 under Sections 120B/341/326/307/506 of the IPC upon furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with 1 (one) local surety of like amount to the satisfaction of the arresting authority, subject, of course to the following conditions:
(i) That the petitioner nos. 1 & 2 shall appear before the investigating Officer within 15 (fifteen) days from today;
(ii) That the petitioner nos. 1 & 2 shall not hamper or tamper with the investigation in any manner;
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(iii) That the petitioner nos. 1 & 2 shall not, directly or
indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office; and
In the event, the petitioner nos. 1 & 2 are found to have violated any of the above conditions or are found to be involved in other offences, the Investigating Officer shall be at liberty to apply for recall/cancellation of the interim bail granted to the petitioner nos. 1 & 2.
The anticipatory bail application is disposed of.
Return the case diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in the absence of materials linking them to the causation of injuries.
Whether interim bail granted to petitioners 3 & 4 should be made absolute.
Interpretation of the investigation record and availability of materials to suggest grant of bail will hamper investigation.
1 provisions across 1 enactments
PANDIT NATH
NITUL RABHA
NITUMONI RABHA
PITAMBAR NATH
THE STATE OF ASSAM
SOUMITRA SAIKIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
