Diplu Basumatary Vs the State of Assam

1 . Heard Mr. B.K.Mahajan, learned counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the opposite party/respondent.

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2 . This application under Section 482 of the BNSS, 2023 has been filed by the petitioner, namely, SHRI.DIPLU BASUMATARY , who is apprehending his arrest in connection with Howraghat P.S. Case No. 64/2024 registered under Sections 118(2)/351(2) (3)/109/61(2) of BNS, 2023.

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3. The gist of accusation in this case is that on 24.12.2024, one Jintu Deka, had lodged an FIR before the Officer-in-Charge of Howraghat Police Station, Karbi Anglong, inter alia, stating that on 23.12.2024 at about 11:07 pm, an information was received that one person namely, Khatai Miya was being brutally beaten up by the villagers and a police team went to the place of occurrence as per GD Entry No. 401 under the leadership of the In-charge of Uttar Barbill Out-Post and about 40-50 numbers of mob surrounded the aforesaid person and started assaulting him. Later on, the said police personnel rescued the person with the assistance of the police personnel of Bokolia Police Station and Howraghat Police Station. However, the victim faced severe injuries. It is also alleged in the FIR that the present petitioner along with his companion tried to kill the aforesaid person.

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4 . Learned counsel for the petitioner has submitted that in connection with the said incident, another FIR was lodged prior to lodging of the instant FIR by one S. Swargiary and on the basis of which Howraghat P.S. Case No. 63/2024 was registered.

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5 . Learned counsel for the petitioner has submitted that the present FIR is barred by

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Section 162 CrPC (Section 181 of BNSS) and he has also submitted that in fact the villagers had apprehended one cow theft and informed about the police. However, police personnel instead of apprehending the theft, they used excessive force on the villagers and started assaulting them. Thereafter, the villagers lodged an FIR against the police personnel before the Officer-in-Charge of Howraghat Police Station on 24.12.2024, however, the said FIR was not registered. Thereafter, the villagers had lodged a complaint before the Superintendent of Police, Karbi Anglong on 31.12.2024 regarding non registration of the FIR dated 24.12.2024.

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6 . Learned counsel for the petitioner submits that the petitioner is not involved in the alleged offence and he is ready to co-operate in the investigation.

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7 . On the other hand, Mr. Baishya, learned Additional Public Prosecutor, Assam, has produced the case diary of Howraghat P.S. Case No. 64/2024 and has objected to the grant of bail to the petitioner.

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8 . Learned counsel for the petitioner has submitted that though there is material regarding the presence of petitioner at the place of occurrence, there is nothing on record that the petitioner is involved in the alleged offence and there is no statement of the eye witnesses regarding involvement of the petitioner in the case.

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9. I have considered the submissions made by the learned counsel for both the parties and have also gone through the case diary which is produced before the Court and it appears from the report that the injury sustained by the victim is simple in nature .

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10. Considering the nature of offence involved in the case and the fact that the petitioner has not been named by the witnesses, who were present at the place of occurrence and also considering the fact that the petitioner is ready to co-operate in the investigation, his custodial detention may not be necessary.

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11. Hence, this anticipatory bail application is disposed of with a direction that the above named petitioner shall appear before the Investigating Officer of Howraghat P.S.

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Case No. 64/2024 within a period of 10 (ten) days from the date of this order and shall co-operate in the investigation. If he does so within the stipulated period of time, in the event of arrest of the petitioner in connection with the aforesaid Howraghat P.S. Case No. 64/2024, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one local surety of the like amount to the satisfaction of the arresting authority subject to the following conditions that:-

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(i) The petitioner shall co-operate with the investigation,

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(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer.

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12 . With the above observation, this anticipatory bail application is disposed of accordingly.

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JUDGE

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Diplu Basumatary v. the State of Assam

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Diplu Basumatary v. the State of Assam

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