ORDER

Date : 21-12-2022 Heard Mr. M. Kalita, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State of Assam.

2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. [1] Sri Bijoy Kalita and [2] Sri Hemen Das have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Rangia Police Station Case no. 692/2022, registered for offences punishable under Sections 447/436/34, Indian Penal Code [IPC].

3. In the First Information Report [FIR] is lodged in connection with putting a room of the informant’s house where a loom was installed, on fire in the night hours on 09.11.2022. The informant has arraigned the two petitioners as accused behind the incident. The basis of such arraignment is that the two petitioners were seen loitering near the place by one of the neighbours of the informant immediately after the incident.

4. Learned counsel for the petitioners has submitted that they have been falsely implicated in the case. It is his submission that on the date of occurrence i.e. on 09.11.2022, the petitioners were returning at that point of time after attending Rash Mela at a nearby place.

5. Mr. Sarma, learned Additional Public Prosecutor who has received the case diary, has submitted that one of the witnesses, who is a neigbour of the informant has stated, in his statement, that the two petitioners were seen near the place of occurrence when the fire was breaking out in the room of the informant. The informant in his statement, recorded under Section 161, CrPC has stated that immediately after the incident, he few persons running away from the place of occurrence but could not identify the persons, who were running away from the place of occurrence.

6. Having regard to the above materials in the case diary, collected during the course of investigation carried out so far, this Court is of the view that the petitioners have made out a pirma facie case for extending the benefit of pre-arrest bail under Section 438, CrPC. This Court is also of the considered view that the custodial interrogation of the petitioners are not necessary for the purpose of carrying out further investigation into the case and their release on pre-arrest bail, at this stage of investigation, is not likely to bring any adverse effect in the course of further investigation, provided they extend their assistance and co-operation in the further investigation of the case by joining the investigation.

7. Accordingly, it is provided that in the event of arrest of the petitioners viz. [1] Sri Bijoy Kalita and [2] Sri Hemen Das in connection with Rangia Police Station Case no. 692/2022, they shall be released on bail on furnishing a bail bond of ₹ 25,000/- each with one local surety each of the like amount, to the satisfaction of the arresting authority, subject to the conditions that :

[i] the petitioners shall appear before the Investigating Officer [I.O.] of the case within 7 [seven] days from today and shall thereafter, appear before the I.O. of the case as and when their presence are called for;

[ii] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; and [iii] the petitioners shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

8. The application stands disposed of in the aforesaid terms.

JUDGE Comparing Assistant