MANG KARAI DEB BARMA Vs. STATE

JUDGEMENT

(1.) THIS is petitioners' application under Section 498 Cr. P.C.

(2.) THE facts leading up to this bail petition are that on 20 -5 -65 Shri Sova Chandra Deb Barma, the younger brother of Sachindra Deb Barma lodged a complaint at 5 -00 p.m. at Kamalpur Police Station against three persons, viz Mang Karai Deb Barma, Jamini Mohan Deb Barma and Kamdeb Deb Barma with the allegations that on 19 -5 -65 at about 11 -30 p.m. while Sachindra Deb Barma was sleeping in the dwelling hut at East Debicherra. 10/12 persons entered the hut by forcing open the door and caught hold of him by pressing him down. They plugged his mouth with some clothes and dragged him out of the house and bound him with ropes. When they brought out the plug from his mouth he started crying, and thereupon they introduced earth into his mouth. Thereafter they started beating him with fist -blows on his mouth. On hearing his cry several persons came to the place of occurrence, and the accused persons on seeing them coming managed to run away. On this complaint the Police started investigation and arrested all the 5 petitioners on 21 -5 -65 and produced them before the S. D. M. for remand. The accused persons applied under Section 497 Cr. P.C. for being released on bail, but the learned S. D. M. rejected their bail petition. Thereafter, they applied to the learned Sessions Judge under Section 498 Cr. P.C. to enlarge them on bail. The learned Sessions Judge, vide his order dated 9 -7 -65 rejected their bail petition. The petitioners have now filed this application to this Court to enlarge them on bail.

(3.) THE learned Counsel for the petitioners vehemently urged that there is not an iota of evidence on the record to frame a charge under Section 307 I. P. C He also pointed that the investigation is complete, and there is no apprehension of their absconding or tampering with the P. Ws. He further pointed out that the accused petitioners Brojendra Chandra Deb Barma, and Bhrigu Ram Deb Barma have not been named in the F. I. R. It was also averred that this is the proper time for harvesting Aus crops, and there is no other male member in the house of the petitioners to cut this crop and sow new one. If they won't sow the crop at the proper time in that case they will face starvation. In view of these facts they should be released on bail.