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2020 DIGILAW 25 (GAU)

Thaneswar Rabha v. State Of Assam

2020-01-07

MANISH CHOUDHURY

body2020
JUDGMENT 1. Heard Mr. P.K. Sarma, learned counsel for the petitioners. Also heard Mr. T.K. Misra, learned Additional Public Prosecutor for the State. 2. By this application under Section 438, Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioners viz. 1 ) Sri Thaneswar Rabha and 2) Sri Suman Rabha has prayed for pre-arrest bail apprehending their arrest, in connection with Palashbari Police Station Case No. 579/2019, registered under Sections 341/323/353/333/34, I.P.C. 3. The allegation in the FIR are, inter-alia, to the effect that the informant when he was doing duty in connection with the restoration of electricity connection in a transformer, he was assaulted by some persons but he has not named any person in the FIR. The present petitioners apprehending their arrest in connection with the said case have approached this Court seeking pre-arrest bail. The petitioners by the order dated 20.12.2019 had been provided interim protection with the direction that they shall appear before the Investigating Officer within 15 (fifteen) days from 20.12.2019. 4. The concerned case diary, as called for, has been received. It is submitted by Mr. T.K. Misra, learned Additional Public Prosecutor that pursuant to the order dated 20.12.2019, the petitioners have appeared before the I.O. and their statements have been duly recorded. It is further submitted by Mr. Misra that eye witness account shows that there was some assault by the petitioners on the informant but no serious injury was caused to the informant. 5. Considering the aforesaid fact situations including the fact that the petitioners have been cooperating with the investigation of the case, the interim protection granted to the petitioners by order dated 20.12.2019 is, hereby, made absolute, subject to the following conditions:- 1. The petitioners shall appear before the Investigating Officer of the case as and when their presence are required and called for by him; 2. The petitioners shall not hamper with the investigation or tamper with the evidence of the case; and 3. 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. The bail application stands disposed of in the afore-mentioned terms. Return the Case diary.