Dinesh Soni and 3 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010138272024 ooooooo 2024:GAU-AS:11827 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1786/2024o DINESHoSONIoANDo3oORS.o S/OoLATEoMOHANoLALoSONI,oR/OoSWASTIKoENCLAVE,oPATHORKUCHIo ROAD,oBASISTHA,oGUWAHATI,oP.O.-BASISTHA,oP.S.-BASISTHA,oDIST-KAMRUPo(M),oASSAM,oPIN-781029 2:oSMTIoSANJUoSONI oW/OoSRIoDINESHoSONI oR/OoSWASTIKoENCLAVE oPATHORKUCHIoROAD oBASISTHA oGUWAHATI oP.O.-BASISTHA oP.S.-BASISTHA oDIST-KAMRUPo(M) oASSAM oPIN-781029 3:oNISHANoSONI oS/OoSRIoDINESHoSONI oR/OoSWASTIKoENCLAVE oPATHORKUCHIoROAD oBASISTHA oGUWAHATI oP.O.-BASISTHA oP.S.-BASISTHA oDIST-KAMRUPo(M) oASSAM oPIN-781029 4:oSIMRANoSONI oD/OoSRIoDINESHoSONI oR/OoSWASTIKoENCLAVE oPATHORKUCHIoROAD oBASISTHA Page No.# 2/3 GUWAHATI P.O.-BASISTHA P.S.-BASISTHA DIST-KAMRUP (M) ASSAM PIN-78102 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T DEURI, MS A DAS Advocate for the Respondent : PP, ASSAM,

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

28/11/2024 Heard Mr. T Deuri, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State.

¶2The petitioners, namely, (1) Sri Dinesh Soni, (2) Smti. Sanju Soni, (3) Sri Nishan Soni and (4) Sri Simran Soni have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail apprehending their arrest in Basistha P.S. Case No. 306/2024 registered under Sections 120-B/493/354-B/354-C/506/507 IPC.

¶3Pursuant to the order dated 18.11.2024, Sub-Inspector of Police, Sri Riki Das, the Investigating Officer of Basistha P.S. Case No. 306/2024, is personally present before the Court today.

¶4Pursuant to the order dated 18.11.2024, Sri Riki Das, the Investigating Officer of Basistha P.S. Case No. 306/2024 has filed an affidavit on 25.11.2024 stating the reasons as to why the case diary as called for by the Court earlier could not be forwarded. In the said affidavit, Sri Riki Das, the concerned Investigating Officer stated that due to some communication gap, the learned Additional Public Prosecutor, Assam did not get the information at the right time about the subsequent Page No.# 3/3 development in the case. Further, said Sri Riki Das, tendered unconditional apology before the Court for such unintentional lapse on his part in not furnishing the case diary within the time stating that under his jurisdiction, he shall comply with the orders of the Court in future and shall send the case diaries to the respective Courts as per the direction of the Court.

¶5Considering the statements made by Sri Riki Das, the Investigating Officer of Basistha P.S. Case No. 306/2024 in his affidavit, his personal appearance in said Basistha P.S. Case No. 306/2024 stands dispensed with directing him to comply with the orders of the Court forthwith without fail.

¶6With regard to the case in hand, Mr. B Sarma, learned Additional Public Prosecutor, Assam, on instruction submitted that police after completion of investigation of the case has already submitted charge-sheet in said Basistha P.S. Case No. 306/2024 vide Charge-Sheet No. 502/2024 dated

31.08.2024.

¶7In view of the above, the petitioners are directed to approach the appropriate forum for their regular bail in said Basistha P.S. Case No. 306/2024 on or before 07.12.2024.

¶8Till then (i.e., 07.12.2024), the petitioners, named above, shall remain on interim bail granted to them earlier on 15.07.2024 in said Basistha P.S. Case No. 306/2024.

¶9With the above observation and direction, this pre-arrest bail application stands disposed of.

JUDGE Comparing Assistant