The Gauhati High Court disposed of an application for pre-arrest bail. The court made the interim pre-arrest bail absolute, requiring cooperation in the investigation and prohibiting inducing witnesses.
Pre-arrest bail made absolute subject to conditions of cooperation in investigation and not inducing witnesses.
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GAHC010205812018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2869/2018
1:DHANANJOY MALLICK AND 2 ORS.
S/O LATE SATYENDRA MALLICK, R/O VILL KAWATIKA, PO KAWATIKA, PS BIJNI, DIST. CHIRANG
2: RAJU SARKAR S/O BIJOY SARKAR R/O VILL WARD NO. 4 BIJNI SHRI DURGA COLONY PO. KAWATIKA PS BIJNI DIST. CHIRANG
3: GOPAL MAZUMDAR S/O NAREN MAZUMDAR R/O VILL- PALPARA (KAWATIKA) PO KAWATIKA PS BIJNI DIST. CHIRAN
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 04-12-2018
Heard Mr. SC Biswas, learned counsel for the petitioners as well as Ms. A Begum, learned Additional Public Prosecutor, appearing for the State.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1. Dhananjoy Mallick, 2. Raju Sarkar and 3. Gopal Mazumdar, in connection with Bijni PS Case No. 265/2018 under Sections 364/34.
Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court.
Learned Additional Public Prosecutor submits that there is no incriminating material found against the accused-petitioners in the case diary.
In view of the above, custodial interrogation of the accused-petitioners is not found to be required and therefore, the interim pre-arrest bail granted to the accused-petitioners, vide order, dated 14.09.2018, is hereby made absolute subject to the condition that the petitioners shall cooperate in investigation and shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
Return the case diary.
The petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to make the interim pre-arrest bail absolute or dismiss the application.
1 provisions across 1 enactments
Dhananjoy Mallick and 2 Ors.
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
