Gauhati High Court
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GAHC010279122023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/4166/2023
PRANAYA BARUAH DAS AND ANR
D/O-LT. BANGSHIDHAR BARUAH
W/O-BAPUKAN DAS
2: SMTI JINKU BARUAH
D/O LT BANGSHIDHAR BARUAH
BOTH ARE RESIDENCE OF
R/O AND VILL SILSAKOO
P.O- AND PS -NORTH GUWAHATI
DIST- KAMRUP (ASSAM), PIN-78103
VERSUS
THE STATE OF ASSAM
KAMRUP
Advocate for the Petitioner : MR. S K JAIN
Advocate for the Respondent : PP, ASSAM
-B E F O R E -
HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
14.12.2023
Heard Mr. S.K. Jain, learned counsel for the petitioners. Also heard Mr. P.
Borthakur, learned Additional Public Prosecutor, Assam.
This application under Section 438 of the Code of Criminal Procedure, 1973 has
been filed by the petitioners, namely, (1) Smti Pranaya Baruah Das and (2) Smti Jinku
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Baruah, who are apprehending their arrest in connection with North Guwahati Police
Station Case No.144/2023 under Sections 188/294(a)/353/325/427/34 of Indian Penal
Code.
The gist of accusation against the present petitioners is that on 22.11.2023, one
Smti. Panchali Baruah, Civil Nazir of the office of District and Sessions Judge, Kamrup,
Amingaon lodged an FIR before the Officer-in-Charge of North Guwahati Police
Station, inter-alia, alleging that when the informant who is the Civil Nazir of the office
of District and Sessions Judge, Kamrup along with the Process Server, police force and
lat mondal went to execute the decree pursuant to the directions given in Title
Execution Case No.02/2019 (arising out of Title Suit No.7/2015) of the Court of Civil
Judge Kamrup(R), Amingaon, the present petitioners had verbally abused the
informant and other members who went to execute the decree and also obstructed
them from executing the decree.
Learned counsel for the petitioners has submitted that the petitioners' father
had a dispute with the judgment debtor of the Title Suit No.7/2015, on the date when
the decree of which is sought to be executed by the informant alleged against the
petitioners.
It is submitted by the learned counsel for the petitioners that on the date on
which the Civil Nazir went to execute the decree, the petitioners were under an
impression that the men of one Upendradhar Baruah, who is the judgment debtor in
Title Execution Case No.02/2019, had come to their land. Therefore, the petitioners
tried to prevent them. Later on, after coming to know that they were Court officials,
the petitioners co-operated with the said officials. It is further submitted that later on,
on the same day, i.e. 22.11.2023, the writ issued by the learned Civil Judge was
executed and the petitioners had co-operated in the said execution.
To substantiate his submission, learned counsel for the petitioners has also
furnished an execution report submitted by Civil Nazir, Kamrup, Amingaon as
Annexure-III to this bail application.
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Learned counsel for the petitioners has submitted that as the incident occurred
due to wrong impression on the part of the present petitioners, and later on, they co-
operated in the investigation and they are also ready to co-operate in the investigation
in the case pending against them, their custodial detention may not be necessary.
Learned Additional Public Prosecutor, Assam also submits that considering the
submissions made by the learned counsel for the petitioners, he does not have any
objection to the prayer of the petitioners if the petitioners co-operate in the
investigation of North Guwahati P.S. Case No.144/2023.
Considering the submissions made by learned counsel for both the sides and
also considering the facts and circumstances of the case as well as the material on
record, both the above named petitioners are hereby directed to appear before the
Investigating Officer of North Guwahati P.S. Case No.144/2023 within a period of
10(ten) days from the date of this order and co-operate in the investigation.
If the petitioners do so within the stipulated period of time, in the event of their
arrest in connection with North Guwahati P.S. Case No.144/2023, they shall be allowed
to go on bail of Rs.30,000/- each with one surety of like amount subject to the
satisfaction of the arresting authority with the following conditions:
(i) that the petitioners shall co-operate in the investigation.
(ii) that the petitioners shall not directly or indirectly make any
inducement, threat or promise to the informant or any person who
may be acquainted with the facts of the case, so as to dissuade such
person from disclosing such facts of the case before the Investigating
Officer.
With the above observations and directions, the present anticipatory bail
application is hereby disposed of.
JUDGE
Comparing Assistant
