Sanjib Rabha And 8 Ors vs State Of Assam

Heard Mr. S. Borthakur, learned counsel for the petitioners and Mr. D. Das, learned Addl. PP for the State/respondent.

By this petition under Section 438 Cr.P.C., the petitioners, namely, 1. Sanjib Rabha, 2. Jagadish Rabha, 3. Sarbeswar Rabha, 4. Uren Rabha, 5. Nilam

Rabha, 6. Gakul Rabha, 7. Pabitra Rabha and 8. Somin Rabha have prayed for granting them pre-arrest bail, apprehending arrest in connection with

Chhaygaon P.S Case No. 501/2021 under Sections 342/326/447/307/384/506/34 of the IPC read with Section 27 of the Arms Act.

This case was registered on the basis of an FIR dated 23.04.2021 lodged by the informant one Smti. Mohima Kalita. In the said FIR, allegations are

made against the petitioners in respect of certain disputes relating to land. It is stated in the FIR that petitioners had threatened with dire consequences

the husband of the informant sometime in the year 2019. Subsequently, her husband was also attacked and injuries were inflicted upon him.

Thereafter, about 50 betel-nut trees in their field were taken down by the petitioners. Allegations are also made in respect of the petitioner No. 8,

namely, Shri Somin Rabha, that he along with other persons had come and fired shots by country made firearm. However, injuries were sustained. It

is also stated in the FIR that an amount of Rs. 16,500/-, as a fine, was imposed on the husband of the informant in the village meeting and the same

was paid to the petitioner No. 3, namely, Sarbeswar Rabha.

On the basis of the pleadings, the learned counsel for the petitioners submits that there have been frequent disagreement between the petitioners and

the informant and her family in respect of farming land within the village. The differences were attempted to be sorted out in a village meeting called

by the local village Gaonburah appointed by the Government. The meeting upon due deliberation decided a fine of Rs. 16,500/- be imposed on the

husband of the informant for causing losses to the petitioner No. 3 and the same was accordingly paid. The learned counsel for the petitioners submit

that other allegations made in the FIR are totally false and concocted and there was no threat or injury inflicted on the husband of the informant or the

family members of the informant. The other allegations are not supported by facts and are completely untrue.

The learned Addl. PP submits that at this stage the case diary be called for.

Upon hearing the learned counsels for the parties and upon perusal of the pleadings, let the case diary be called for.

In the mean time, it is provided that in the event of arrest of the petitioners, named above, they shall be released on interim pre-arrest bail, in

connection with the above noted case, upon furnishing a bail bond each of Rs.15,000/- (Rupees Fifteen Thousand) only each with one local 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 within 7 days from today;

(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 Chhaygaon 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.

List on 24.06.2021.