This anticipatory bail application under Section 438 CrPC was dismissed. The Gauhati High Court made the grant of interim bail absolute, holding custodial interrogation unnecessary.
Interim pre-arrest bail granted on 01-10-2018 made absolute on same terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010160252018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2256/2018
1:AMAL KRISHNA BHATTACHARYYA AND ANR. S/O- ANIL KUMAR BHATTACHARYYA, R/O- 2ND LINK ROAD LANE NO. 8, P.O AND P.S- SILCHAR, DIST- CACHAR, ASSAM
2: RIAJUN NESSA LASKAR W/O- ABUL HUSSAIN LASKAR VILL- PALOICHERRA P.O- JAMIRA BAZAR P.S- RAMNATHPUR DIST- HAILAKANDI ASSA
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE MIR ALFAZ ALI
01-10-2018
By this application under Section 438 of the Code of Criminal Procedure, 1973, the petitioners, namely – (1) Amal Krishna Bhattacharyya, and (2) Riajun Nessa Laskar, have prayed for pre-arrest bail apprehending their arrest in connection with Ramnathpur P.S. Case No.60/2018 registered under Section 120(B)/406/409/34 I.P.C.
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Heard Mr. HRA Choudhury, learned senior counsel for the petitioners. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam for the State respondent.
Case diary called for is received and perused.
The petitioners have also filed an additional affidavit explaining the situation. The petitioners are already on interim bail and they have made themselves available before the investigating officer for interrogation. The contention of the learned Additional Public Prosecutor is that custodial interrogation of the petitioners may not be necessary in the instant case.
Having considered the whole gamut of the matter and the submission of the learned Additional Public Prosecutor, the order dated 26.07.2018 granting interim pre-arrest bail to the petitioners is hereby made absolute on the same terms and conditions.
The bail application, accordingly, stands disposed of.
Return the case diary.
Sd/-
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners are entitled to pre-arrest bail.
2 provisions across 2 enactments
Amal Krishna Bhattacharyya and anr.
The State of Assam
Mir Alfa Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
