Dilip Pathak And 4 Ors vs State Of Assam

Heard Mr. B. M. Choudhury, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Addl. P. P. Assam who produced the case

diary. Mr. D. K. Nath, learned counsel for the informant is present.

By this application under section 438 Cr.P.C, the accused-petitioners, namely 1. Dilip Pathak 2. Sri Jiten Chandra Pathak 3. Sri Nitish Pathak 4. Sri

Kulai Das and 5. Sri Nabo Das have prayed for granting pre-arrest bail in connection with Pulibor P. S. Case No. 638/2020 under sections

147/148/447/427/354(A)/325/326/302 IPC.

On perusal of the case diary it is found that the prosecution witnesses supported the presence of the present petitioners at the place of occurrence in

their respective statements and on the other hand , the witnesses other than those from the prosecution side submitted that there was no active

attribution by the present petitioners in the fight which took place between one Sri Dip Das and Biswajyoti Saikia. It is further submitted by Mr. Gogoi

that the I.O. possessed one video clip which also refuted the allegation against the present petitioners that they took active part in the fight. The said

submission is vehemently objected by Mr. Nath stating that he also possessed another video clip where it shows that the petitioners took active part in

the fight. However as this court is concerned with the case diary at this stage, the submission of Mr. Nath cannot be accepted.

Accordingly I am inclined to grant the anticipatory bail to the present petitioners in the event of arrest of the petitioners above named, in connection

with the case aforementioned, they shall be released on bail on furnishing bail bond of Rs.15,000/- each with one surety of the like amount to the

satisfaction of arresting authority. The pre-arrest bail is granted on the following conditions:

(1) The accused-petitioners shall not leave the territorial jurisdiction of the aforesaid Pulibor P. S. without prior written permission from its officer-in-

charge,

(2) The accused-petitioners shall not hamper with the investigation, or tamper with the evidence of the case and

(3) The accused-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.

(4) The accused-petitioners shall appear before the I.O. of Pulibor P. S. Case No. 638/2020 within 10 (ten) days from today.

This bail application is allowed . Send back the case diary.