Himakshi Kalita and Anr v. The State of Assam

ORDER

17.09.2024 Heard learned counsel, Mr K Thakur, for the petitioners, 1) Himakshi Kalita and 2) Page No.# 2/3 Nabajit Tiwari, who have filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Dispur PS Case No. 768/2024, under Sections 115(2)/296/351(2)/117(2)/ 324(2)/74/79 of the BNS, 2023.

¶2Heard Mr R R Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is alleged that when the accused, Dhrubajyoti Kalita was on the same car with the present petitioner, he pulled the victim by her hand through the window of the car. The victim was dragged along with the running car and the victim sustained injuries. It is arrayed that both the petitioners were present at the time inside the same car and the petitioner Nabajit Tiwari also threatened the victim and stated that, 'Today is your last day'. It is submitted on behalf of the petitioners that the accused, Dhrubajyoti Kalita is the petitioner Himakshi Kalita's brother and he has already been arrested in connection with this case. Earlier, the victim had already lodged a false case against the petitioner and now a subsequent case has been lodged against Himakshi Kalita's brother along with the petitioners. It is submitted that investigation has progressed after arrest of the petitioner Himakshi Kalita's brother.

¶5I have considered the submissions at the Bar with circumspection.

¶6The learned Additional Public Prosecutor has submitted that the petitioners have appeared before the IO and they have cooperated with the investigation. Page No.# 3/3

¶7I have considered the submission that the petitioners have not violated any bail conditions and they will abide by any stringent bail conditions, if imposed upon him.

¶8Considering all aspects and in view of my foregoing discussions, the interim pre-arrest bail order dated 05.08.2024, is hereby made absolute, under the same terms and conditions.

¶10Anticipatory Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010153852024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2014/2024 HIMAKSHI KALITA AND ANR C/O KUNJALATA KALITA R/O H/NO. 21, SALBARI P.O. NOONMATI P.S. NOONMATI DIST. KAMRUP (M), ASSAM 2: NABAJIT TIWARI C/O RAMNARESH TIWARI R/O H/NO. 35 GANESH MANDIR PATH P.O. NOONMATI P.S. NOONMATI DIST. KAMRUP (M) ASSAM PH. NO. 957772646 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI, MS. NANDITA DEVI,MR P SONOWAL,MS. P. NAIDING,MR K THAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND