Francis Patir and Anr v. The State of Assam

ORDER

19.08.2024 Heard Mr G Jalan, learned counsel for the petitioners, 1) Sri Francis Patir and 2) Sri Page No.# 2/3 Pabitra Doley, 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 Jonai PS Case No. 76/2024, corresponding to GR Case No. 111/2024, registered under Sections 126(2)/117(2)/140(3) of BNS, 2023.

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

¶3The FIR unfolds that on 27.07.2024, while the informant's husband, Sri Sayef Poa was sitting at Lakhi Hotel near Murkong Selek block at about 10:30 am. The petitioners have assaulted him causing grievous injuries on his person. Thereafter, the petitioners have taken him in a White Bolero to some unknown place.

¶4It is submitted on behalf of the petitioners that they been falsely framed in the instant case with ulterior motive and without any iota of truth.

¶5The petitioners are the members of Takam Mising Porin Kebang (All Mising Students' Union).

¶6I have scrutinized the Case Diary and I have considered the submissions at the Bar with circumspection.

¶7The informant's husband, Sayef Poa has sustained simple injuries.

¶8I have considered the submission that the petitioners are willing to cooperate with the remaining part of investigation and abide by any stringent bail conditions, if imposed Page No.# 3/3 upon them.

¶9The petitioners are local residents and are not flight risks. It appears that custodial interrogation may not be required in connection with this case.

¶10Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 30,000/-each, with a suitable surety each of the like amount to the satisfaction of the learned SDJM(M), Jonai, under the conditions that-

i) the petitioners shall refrain from such activities with which they are alleged

ii) the petitioners shall appear before the IO within one week and cooperate with the investigation,

iii) the petitioners shall not exercise threats to the witnesses and maintain the peace, and

iv) the petitioners shall not leave the jurisdiction of the Court, without prior permission.

10.1. On breach of any of the bail conditions, this pre-arrest bail order shall automatically stand cancelled.

¶11Anticipatory Bail Application stands disposed of.

¶12Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010157432024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2069/2024 FRANCIS PATIR AND ANR S/O SRI LUKHESWAR PATIR R/O VILL- ORIAMGHA NO. 1, P.O. AND P.S. JONAI PIN-787060 DIST. DHEMAJI, ASSAM MOBILE NO. 8724902605 2: SRI PABITRA DOLEY S/O SRI CHABILAL DOLEY R/O VILL- NAHAR BORGULI GALI BORBALI P.O. AND P.S. JONAI PIN- 787060 DIST. DHEMAJI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR G JALAN, Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND