This petition under Section 438 Cr.P.C. sought pre-arrest bail. The court, noting the informant's refusal to undergo medical examination and pending civil proceedings, found custodial interrogation unnecessary and made the interim bail absolute.
The interim pre-arrest bail granted by the order dated 16.8.2018 is made absolute.
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GAHC010180252018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2504/2018
1:KALLOL DAS S/OLT. SOUMEN DAS R/O SHANTI BHAWNA, 4TH FLOOR, PALTAN BAZAR, P.S. PALTANBAZAR, DIST. KAMRUP (M), ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. A K BHUYAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
19.12.2018
This is an application, filed under Section 438 of the Cr.P.C. seeking pre-arrest bail of the accused-petitioner, namely, Kallol Das, in connection with All Women P.S. Case No. 90/2018 registered under Sections 498(A)/ 323/ 506/ 509 IPC.
Heard Mr. A Khound, learned counsel for the accused petitioner as well as Mr. NJ Dutta, learned Additional Public Prosecutor appearing for the State of Assam.
I have also heard the objection in respect of the prayer for bail made by Mr. KP Gogoi, learned counsel for the informant.
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On perusal of the materials in the Case Diary and, particularly, the contents of the FIR as well as the note of the investigating police officer indicating refusal by the informant to allow her to be medically examined to ascertain the injury she sustained and also the fact that some other proceeding is pending between the parties, such as, proceeding under Section 125 Cr.P.C. as well as a divorce proceeding, this Court is of the view that custodial interrogation of the accused petitioner is not necessary.
Therefore, the interim pre-arrest bail granted to the accused petitioner vide order dated 16.8.2018 is made absolute by this order on the same terms and conditions.
The application is allowed.
Return the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused-petitioner should be granted absolute pre-arrest bail in a 498A/IPC case where the informant refused medical examination and pending civil proceedings exist between the parties.
1 provisions across 1 enactments
Kallol Das
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
