High CourtsSingle Bench

Munu Bayan And 2 Ors vs State Of Assam

Gauhati HC · Decided on 10 June 2021 · Citation: (2021) 06 GAU CK 0038

HON’BLE JUDGES
Prasanta Kumar Deka, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 34, 109, 294, 326, 447
CASE NUMBER
Anticipatory Bail No. 1536 Of 2021
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Judgment

21 paragraphs · 395 words

Heard Mr. P. Das , learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Addl. P. P. Assam .

By this application under section 438 Cr.P.C, the accused-petitioners, namely 1. Munu Bayan, 2. Chanakya Bayan @ Deepjyoti Bayan and 3.

Bhumika Bayan have prayed for granting pre-arrest bail in connection with Hajo P. S. Case No. 487/2021 under sections 294/326/34 IPC .

The informant Gita Bayan lodged an FIR on 4.4.2021 whereupon Hajo P.S.Case No. 487/2021 was registered implicating the present petitioners

alongwith others . On the same day i.e. on 4.4.2021 the present petitioner No.1 also lodged an FIR on the basis of which Hajo P.S. Case No.

486/2021 u/s 447//109/326/34 IPC was registered implicating the informant and her family members in Hajo P.S.Case No. 487/2021. Case diaries of

both Hajo P.S.Case Nos 487/2021 and 486/2021 be called for fixing 23.6.2021.

Mr. Das sought for granting interim relief to the petitioners namely Chanakya Bayan @ Deepjyoti Bayan aged about 20 years and Bhumika Bayan

aged about 18 years on the ground that they are students and in support of the said contention Mr. Das referred to the Mark-sheet and Admit card of

the petitioner respectively.

Considering the submission of learned counsel for the petitioners, I am satisfied to grant interim protection to the said petitioner Nos. 2 and 3.

Accordingly, in the interim, it is provided that in the event of arrest of the petitioners namely, Chanakya Bayan @ Deepjyoti Bayan and Bhumika

Bayan., 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 Hajo P. S. Case 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 Hajo P. S. Case No. 487/2021 within 10 (ten) days from today.

List on 23.6.2021