Laxmi Agarwal And Anr. vs State Of Assam

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

Heard Mr. K. Talukdar, learned counsel for the petitioners and Ms. S. Jahan, learned Addl. PP for the State.

By this petition under Section 438 Cr.P.C., the petitioners, namely, 1. Laxmi Agarwal and 2. Saina Agarwal have prayed for granting them pre-arrest

bail, apprehending arrest in connection with Bharalumukh P.S Case No. 520/2021 under Sections 427/380 of the IPC.

The learned counsel for the petitioners submits that a family dispute has arisen between the petitioners and the informant relating to some domestic

issues and ancestral properties. The Petitioner No. 1’s late husband and petitioner No. 2’s late father was the son of the informant. These

disputes have arisen after the death of the husband of the petitioner No. 1. The learned counsel for the petitioners submits that this is the third FIR

filed by the informant against the petitioners relating to the same disputes. In respect of earlier first FIR, bail was granted to the petitioners. The

learned counsel for the petitioners refers to Annexure-2 page 47 of the petition to submit that the interim bail was granted to the petitioners by this

Court in connection with the second FIR filed by the informant. This Court in A.B. No. 1769/2021 vide order dated 25.06.2021 had granted interim

bail to the petitioners in connection with Bharalumukh P.S. Case No. 472/2021 registered under Sections 406/420/468/34 of the IPC. In respect of the

present case lodged before the Bharalumukh Police Station by the same informant, the petitioners have been directed to appear before the

Investigating Officer and notice under Section 41A has been served on the petitioners directing them to appear before the Investigating Officer on or

before 03.07.2021. The learned counsel for the petitioners submits that in view of the earlier two FIRs filed by the informant, there is strong

apprehension that the petitioners may be arrested in connection to the present case.

Ms. S. Jahan, learned Addl. PP for the State submits that at this stage case diary be called for.

Upon hearing the learned counsels for the parties, let the case diary be called for.

In the meantime, it is provided that in the event of arrest of the petitioners, named above, in connection with the above noted case, they shall be

released on interim pre-arrest bail, upon furnishing a bail bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one surety of like amount to

the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioners shall appear before the Investigating Officer in terms of Section 41A dated 30.06.2021 and on such other dates as may be

required;

(ii) That the petitioners shall not hamper or tamper with the investigation in any manner;

(iii) That 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; and

(iv) That the petitioners shall not leave the territorial jurisdiction of the Bharalumukh P.S without obtaining prior written permission from the concerned

Investigating Officer of the case.

If any of the 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.

The learned counsel for the petitioners submits that since the connected bail petition in A.B. No. 1769/2021 is fixed on 14.07.2021, it is submitted that

present petition be also fixed on the same date along with instant anticipatory bail petition.

Let this matter be listed on 14.07.2021 along with A.B. No. 1769/2021 for production of the case diary.