Pre-arrest bail can be granted considering societal status and previous bail granted to co-accused, with conditions to prevent witness tampering and ensure compliance with the investigation.

ORDER

05.09.2024 Date :

Heard Mr. S. Borthakur, learned counsel for the petitioners 1. Pranab Doley and 2. Rajib Pegu.

2. The petitioners have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Bokakhat Police Station Case No. 90/2024 registered under Sections 61(2)/196/308(2)/308(3)/329(4)/74/ 351(2) of Bharatiya Naya Sanhita, 2023.

3. Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

4. The allegation against the petitioners is that they have been instigating ethnic violence and they have been disrupting the construction of a project under the ATDC under the Hatikuli Tea Estate area and they have outraged the modesty of the victim and they have been involved in extortion. The victims are the local residents of the area where the construction of the ATDC project is going on.

5. It is submitted by the learned counsel for the petitioners that the petitioners are indeed involved in a movement against the construction of the ATDC project but the other allegations against them are absolutely false and frivolous.

6. The learned Sub-Divisional Judicial Magistrate (M), Bokakahat has already granted bail vide order dated 08.08.2024 in connection with two co-accused named in the FIR.

7. It is submitted that the petitioners hold respectable positions in the society and their image will be tarnished if they are forwarded to custody. Petitioners have drawn out sufficient grounds for interim bail.

8. Call for the Case Diary.

9. Meanwhile, in the interim and in the event of their arrests, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

(i) The petitioners shall appear before the Investigating Officer within 1 (One) week.

(ii) The petitioners shall refrain from such activities with which they are alleged.

(iii) The petitioners shall not exercise threats to the witnesses and shall not tamper with the evidence.

(iv) The petitioners shall not leave the jurisdiction of the Court without prior permission.

10. On breach of any of the bail conditions, interim bail order shall stand cancelled.

11. List the matter on 21.10.2024.