Shoaib Mohammad Mukut vs State Of Assam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

Heard Mr. S. Sarma, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent State of

Assam.

By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Shoaib Mohammad Mukut has approached this

Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Abhayapuri Police Station Case no. 436/2021, registered under

Sections 120B/124A, Indian Penal Code (IPC) and Section 2 of the Prevention of Insult to National Honour Act, 1971.

The First Information Report (FIR) has been lodged by the Officer In-Charge of Abhayapuri Police Station on 15.05.2021. It has inter alia been

mentioned in the FIR that on 14.05.2021, the accused no. 1, named therein, had invited some guests to her house for a lunch on the occasion of Eid

festival. A picture had, thereafter, emerged in the social media, Facebook wherefrom it was gathered that the accused no. 1 and few other persons

had taken lunch on a dining table where the table cloth resembled the Indian National Flag. 6 (six) nos. of persons have been made accused in the FIR

stating that they had willfully dishonoured the Indian National Flag by using the same as a table cloth on the dining table while taking food across the

dining table.

Mr. Sarma has submitted that the petitioner being the neighbour of the accused no. 1 named in the FIR, was invited to the house of the accused no.

1 on 14.05.2021 to have lunch on the occasion of Eid festival. There was no involvement of the petitioner in the alleged act of using of the National Tri

Colour as a table cloth on the dining table where the accused no. 1 had arranged the lunch. He has further submitted that the petitioner is a student

who is presently pursuing medical studies at Bharatpur in Nepal. It is his further submission that pursuant to the interim order dated 27.05.2021, the

petitioner has appeared before the Investigating Officer (I.O.) of the case and the I.O. has also recorded his statement. He has, thus, submitted that

as the petitioner has joined the investigation and is rendering his assistance in the investigation of the case, custodial interrogation of the petitioner may

not be necessary.

Learned Additional Public Prosecutor has submitted that he has received the concerned case diary. He has submitted, on the basis of the materials

available in the case diary, that pursuant to the interim order dated 27.05.2021, the petitioner has appeared before the I.O. of the case. The I.O. has

recorded the statement of the petitioner and the same is available in the case diary. Considering the fact that the petitioner has joined the investigation

by appearing before the I.O. of the case, the prayer for pre-arrest bail of the petitioner may be considered.

I have considered the submissions of the learned counsel for the parties and taken note of the submissions as regards the materials available in the

case diary, on the basis of the submissions made by the learned Additional Public Prosecutor.

Considering the facts that the petitioner has joined the investigation by appearing before the I.O. of the case; that he is not named in the FIR; and

that he was not the host of the lunch arranged in the house of accused no. 1 named in the FIR, this Court is of the considered view that custodial

interrogation of the petitioner for the purpose of carrying out investigation of the case is not necessary and his release on pre-arrest bail, at this stage

of investigation, is not likely to cause any prejudicial effect in the further investigation of the case, provided he continue to extend his assistance and

co-operation in the investigation of the case.

Accordingly, the interim order dated 27.05.2021 is hereby made absolute, subject to the condition nos. 1 to 6 indicated in the said order.

With regard to condition no. 7 in the interim order dated 27.05.2021, it is observed that as it has been stated that the petitioner is a student pursuing

medical studies at Bharatpur in Nepal, the petitioner, as and when he is required to travel outside the territorial jurisdiction of Abhayapuri Police

Station, he shall make an application before the I.O. of the case intimating his contact address and mobile number to facilitate communication with him

as and when required by the I.O. for the purpose of investigation of the case.

The bail application stands disposed of in the aforesaid terms.