Ruma Chakrabarty Vs the State of Assam

Heard Mr. B. M. Deka, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent.

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This is an application under Section 482 of the BNSS, praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Gabardhana P.S. Case No. 177/2024, under Sections 351(3)/76/332(c)/117(4)/ 3(5) of BNS, 2023, which is pending trial before the Court of learned Chief Judicial Magistrate, Baksa, Musalpur.

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Scanned copy of the case record has been received. Perused the same. Heard both sides.

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It is submitted by Mr. Deka, learned counsel for the petitioners, that the present accused/petitioners are belonging to one family and they are ready and willing to appear before the learned Trial Court below and to face the trial. But, as Sections 76/117(4) of BNS are not bailable and are triable by Sessions Court, they are having apprehension that if they appear before the Trial Court, they may be arrested and forwarded to judicial custody. He further submitted that the other family members of the present accused/petitioners have already appeared before the Court and they are already granted with the privilege of bail. Further, he submitted that prior to filing of the charge-sheet, the present

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accused/petitioners also appeared before the learned Court below seeking anticipatory bail, but during the pendency of the said case, it was intimated that the charge-sheet was already submitted and accordingly, their prayer for anticipatory bail application was rejected vide order dated 16.01.2025 by the learned Sessions Judge, Baksa. He further submitted that the accused/petitioners are ready and willing to appear before the learned Trial Court below on each and every date to be fixed by the learned Trial Court and hence, they prayed for some protection in the form of pre-arrest bail.

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Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that the other co-accused persons had already appeared before the I.O. and they are on regular bail except the present 3 (three) accused/petitioners, who were shown as an absconder in the charge-sheet. During the entire period of investigation, they have not co-operated the I.O. and after filling of the chargesheet, they have come with a petition for anticipatory bail. Accordingly, Mr. Baruah raised objection and submitted that a blanket protection cannot be given to the present accused/petitioners.

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In that context, Mr. Deka, learned counsel for the petitioners, submitted that the present accused/petitioners were already appearing before the learned Sessions Judge, as stated above, prior to the filing of the charge-sheet. However, the prayer for anticipatory bail was not considered as the charge-sheet was already filed.

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Considering the submissions made by the learned counsels for both sides and also considering the entire facts and circumstances of this case, I find it a

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fit case to extend the privilege of pre-arrest bail to the present accused/petitioners till their appearance before the learned Trial Court.

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Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Ruma Chakrabarty, (ii) Hemen Chakrabarty & (iii) Kali Arjya @ Kali Charan Arjya, in connection with Gabardhana P.S. Case No. 177/2024, under Sections 351(3)/76/332(c)/117(4)/ 3(5) of BNS, 2023, which is pending trial before the Court of learned Chief Judicial Magistrate, Baksa, Musalpur, they shall be enlarged on interim pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority.

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Further, the petitioners are hereby directed to appear before the learned Trial Court below on the next date fixed with an appropriate application for regular bail which may be considered by the learned Trial Court below in accordance with law.

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In terms of above, this anticipatory bail application stands disposed of.

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JUDGE

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Ruma Chakrabarty v. the State of Assam

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Ruma Chakrabarty v. the State of Assam

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