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2020 DIGILAW 110 (GAU)

Rakesh Pegu v. State Of Assam

2020-02-03

MIR ALFAZ ALI

body2020
JUDGMENT 1. Heard Mr. A.D. Choudhury, learned counsel for the petitioners and Mr. M.P. Goswami, learned Addl. P.P. for the State. 2. Case diary is not produced. 3. By this application u/s 438 Cr.P.C. the petitioners, namely, 1. Sri Rakesh Pegu & 2. Sri Arunjyoti Kalita @ Bubu, 3. Sri Indunibhaman Phukan, 4. Sri Pingal Gogoi, 5. Sri Raj Kumar Das & 6. Sri Pulak Gogoi have prayed for pre-arrest bail apprehending arrest in connection with Dhakuakhana P.S. Case No. 185/2019 u/s 143/147/148/149/427/435/436 IPC. 4. Perused the FIR and the documents annexed therewith. Also perused the case diary produced today. 5. Learned counsel for the petitioners, Mr. Choudhury submits that the case relates to the movement against the Citizen Amendment Bill and there was a mob of large number of people and the petitioners were not involved in any illegal activities, as stated in the FIR. 6. The allegation against the petitioners was that they were protesting against the Citizen Amendment Bill and in the process of such protest, they damaged the office of the BJP. 7. Learned counsel for the petitioners, Mr. Choudhury submits that some of the coaccused standing on the same footing have already been granted bail by this Court and they had already been interrogated by police, and as such, the present petitioners should also be given the benefit of pre-arrest bail on parity. 8. Having considered the materials in the CD and that the present petitioners, who also stand on the same footing with the co-accused, who were granted bail also deserves similar consideration on the principle of parity, the prayer for pre-arrest bail of the petitioners is allowed. It is provided that in the event of arrest of the petitioners in connection with the aforementioned case, they shall be released on bail of Rs. 10,000/- each with a solvent surety of like amount to the satisfaction of the arresting authority. This pre-arrest bail shall be subject to the following conditions :- i) The petitioners shall appear before the investigating officer within 10 days and cooperate with the investigation. (ii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. Send back the case diary.