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GAHC010117082024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1530/2024
RONO LUNGCHANG
S/O LATE A. SIMON LUNGCHANG, R/O LEDO, TIKOK, MALUGAON, P.S.-
MARGHERITA, DIST- TINSUKIA, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR S PARASHAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 28-06-2024
Heard Mr. S. Parashar, learned counsel for the petitioner Sri Rono
Lungchang, who has filed this application under Section 438 of Code of Criminal
Procedure, 1973 (CrPC for short) with prayer for pre-arrest bail as he is
apprehending arrest in connection with Margherita Police Station Case No.
58/2024 under Sections 120(B)/379/302/34 of the Indian Penal Code, 1860 (IPC
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for short).
2. Heard Mr. K.K. Parashar, learned Additional Public Prosecutor, Assam for
the State respondent.
3. The FIR unfolds that on 25.05.2024 at about 9.45 AM, the informant
received a phone call from SDO (Civil), Margherita who informed him that two
persons from the Constituency of MLA Ribhoi, Meghalaya and one another
person are stuck in a mine in Borgoloi area. Immediately the informant
embarked into an enquiry and he found an eye witness named Nishant Rai
residing in the same area who stated that the unfortunate individuals were
engaged in illegal coal mining in Tikok West Mine of Namdang Coal Gran No. 4
NC area. They dug up a rat hole to commit theft of coal and met with an
accident. During enquiry, it was also unearthed that they were working as per
instructions of some other miscreants who were paying them for risking their
lives for committing theft of coal through such rat holes. There is an organized
nexus of coal theft. Intentionally the lives of several individuals have been
endangered in this manner and two persons have died while committing theft of
coal.
4. The learned counsel for the petitioner has drawn the attention of this
Court to the statement of Nishant Rai recorded under Section 164 of the CrPC
which is marked as Annexure-1 series of the petition.
5. It is submitted that the petitioner is neither named in the FIR nor in the
statement of the witnesses are recorded under Section 164 of the CrPC.
6. To this, the learned Additional Public Prosecutor has raised serious
objection stating that there are incriminating materials in the Case Diary against
the petitioner. It is submitted that the petitioner is complicit. He is also a
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member of the nexus in illegal mining through rat holes. He received
commission and during investigation more than Rs.2 Crores was recovered in his
house. His name has not been mentioned in the FIR as investigation
commenced only after the FIR was lodged and all these nefarious activities were
unearthed during the investigation. Considering the staggering magnitude of the
offence the petitioner may not be admitted to bail. The learned Additional Public
Prosecutor has prayed to reject the bail petition as investigation is still under
progress and the investigation may be adversely affected if the petitioner is at
large.
7. I have considered the submissions at the bar with circumspection. I have
also considered the magnitude of the offence. The network is involved in the
nexus of illegal coal mining having its tentacles spread over a large area.
Investigation may be impeded if the petitioner is at large. The merits of this
case are not brought to the fore. At this juncture, I am constrained to reject the
bail petition.
8. Hence, petition with prayer for bail is rejected at this juncture.
9. In the above terms, Anticipatory Bail application stands rejected at this
stage.
10. Send back the Case Diary.
JUDGE
Comparing Assistant