Hirakjoyti Boro and Anr v. The State of Assam

ORDER

27.11.2024

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¶1Heard Mr. N. Dubey, learned counsel for the petitioners namely, (i) Hirakjyoti Boro, and (ii) Dhanjyoti Doloi.

¶2The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 19.10.2024 in connection with Hatigaon P.S. Case No. 232/2024 under Sections 132/109/324(3)/324(6)/115(2)/3(5)/62 of the BNS.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that on 08.10.2024, at about 7 p.m., a police team proceeded to Ghoramara in search of a stolen bike purchaser of Meghalaya. Upon reaching Bhetapara, the team was informed that the suspects were inside a white Honda City Car and waiting for the stolen bike supposed to be handed over to team. The team arrived near the vehicle bearing registration no. AS-01-FA-0507 parked in front of Khanka Mosque on Khanka Ghoramara Road and the occupants inside the car were asked to come out from the car for verification but the driver of the car suddenly started the car and dashed into the ERSS-3, police vehicle bearing registration no. AS-15R-7135, in an attempt to escape. Despite police efforts to stop the vehicle, the driver of the vehicle hit the police vehicle over and over again with great impact causing significant damage to the vehicle and the driver of the police vehicle Nubar Ali sustained injuries on his chest as he dashed against the steering wheel. The other police personnel inside the police vehicle also sustained injuries and the vehicle was damaged. Thereafter, the driver of the Honda City vehicle reversed the vehicle and collided with another car bearing registration no. AS-01-EY-0515. However, the police team managed to stop the escaping vehicle. Page No.# 3/4

¶5The local residents also gathered at the place to assist the police and apprehend the miscreants who attacked the local residents also. Meanwhile, one of the miscreants managed to escape under the cover of the crowd.

¶6Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶7I have considered the progress of investigation. It appears that further custodial detention may not be required for the progress of investigation.

¶8Considering all aspects, I deem it appropriate to grant bail to the petitioners. The petitioners are enlarged on bail of Rs. 50,000/-, each with a suitable surety of like amount to the satisfaction of the Elaka Magistrate/Jurisdictional Court under the conditions that :

(i) The petitioners shall refrain from such activities with which they are alleged,

(ii) The petitioners shall appear before the Investigating officer on every fortnight till completion of investigation, and

(iii) The petitioners shall not leave the jurisdiction of the Court without prior written permission.

¶9On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioners.

¶10In terms of the above observation, bail application stands disposed of.

Page No.# 4/4 JUDGE Comparing Assistant

Page No.# 1/4 GAHC010242852024 2024:GAU-AS:11787 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3513/2024 HIRAKJOYTI BORO AND ANR S/O MAHESWAR BORO R/O DIGAROO, BOTAHKUCHI, P.S. SONAPUR, PIN-782401 DIST. KAMRUP (M), ASSAM 2: DHANJOYTI DOLOI R/O- JUGDAL P/S- SONAPUR DIST.KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. N DUBEY, MS M AHMED,MS. M DAIMARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND