Jayanta Basumatary And 2 Ors vs State Of Assam

Because of COVID Pandemic situation, the Court proceedings are conducted through Video Conferencing.

Heard Mr. A. K. Bhuyan, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

By this petition under Section 438 Cr.P.C., the petitioners, namely, 1. Jayanta Basumatary, 2. Pradip Basumatary, 3. Rita Basumatary have prayed

for granting them pre-arrest bail, apprehending arrest in connection with Bharalumukh P.S Case No. 369/2021 under Sections 498A/307/506/34 of

IPC read with Section 75 of JJCP Act.

The learned counsel for the petitioner submits that pursuant to the birth of their only child who is about five years old now, differences on the

domestic front arose between the petitioner No. 1 and informant who is his wife. The learned counsel for the petitioners referring to the pleadings

submits that there is a petition for divorce presently pending disposal before the Court of Principal Judge, Family Court, Kamrup(M) being FC (Civil)

Case No. 250/2021.

That apart, the learned counsel for the petitioners refers to a notarized deed of separation entered by and between the petitioner No. 1 and the

informant on 5th February, 2020 whereby it was agreed that the petitioner No. 1 shall take all responsibility in respect of maintenance, education,

physical condition of prospective future life of their son. Accordingly, petitioner No. 1 has been undertaking all responsibilities of their minor child. He

is also paying a monthly maintenance to the informant. The learned counsel for the petitioners submits that because of matrimonial disputes which

have arisen between the petitioner No. 1 and the informant, being instigated by some other person, the informant has lodged the present FIR dated

07.05.2021 making such false allegations against the petitioners only with the intention to harass them. The learned counsel submits that the allegations

against the petitioners attempting to kill her and/or the minor son are totally false and without any basis. The learned counsel for the petitioners on

instructions submits that as on date the informant is staying in a part house in the same compound with the petitioners.

The learned counsel for the petitioners submits that the petitioners have been served by notice under Section 41A Cr.P.C. However, they

apprehend in view of the allegations made, there is strong possibility that they may be arrested by the Police and, therefore, the present application has

been filed.

The learned Additional Public Prosecutor submits that in view of the gravity of the allegations made, the case diary be called for at this moment.

Upon hearing the learned counsel for the parties and upon perusal of the pleadings, let the case diary be called for in connection with the aforesaid

case. In the meantime, in the event of arrest, the petitioners No. 1, 2 and 3 shall be released on interim bail upon furnishing bail bond of Rs.15,000/-

(Rupees Twenty Five Thousand only) each with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to the

following conditions:

That the petitioner shall make themselves available before the investigating officer before the 7(seven) days from today for the purpose of further

investigation of the case and shall cooperate with the investigation;

That the petitioners shall not hamper with the investigation or tamper with any evidence of the case;

That the petitioner shall not directly or indirectly, make any inducement, threat or promise to any person including the informant, who may be

acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Investigating Officer; and

That the petitioners shall not leave the territorial jurisdiction of the Bharalumukh Police Station, without obtaining prior written permission from the

concerned Investigating Officer of the case.

If any of the above conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the interim bail

granted to the petitioners.

List this matter again on 23.06.2021.