The Gauhati High Court granted absolute anticipatory bail to the petitioner in a POCSO-related investigation where evidence contradicted the victim's implication and the I.O. provided no adverse report or need for custodial interrogation.
Interim pre-arrest bail made absolute subject to conditions of cooperation and non-tampering with evidence.
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GAHC010007152019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 117/2019
1:DULU BORA
S/O. SRI HARINATH BORA, R/O. DIGBOI BALIJAN ( NEW COLONY), P.O. BALIJAN, P.S. DIGBOI, DIST. TINSUKIA, ASSAM-786171.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. P J SAIKIA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE AJIT BORTHAKUR
13.06.2019
Heard Mr. PJ Saikia, learned counsel for the petitioner as well as Mr. B Sarma, learned Additional Public Prosecutor, Assam.
By this application filed under Section 438 Cr.P.C., the petitioner, namely, Shri Dulu Bora has prayed for granting him pre-arrest bail in connection with Digboi PS Case No.235/2018 (corresponding to POCSO Case No.54(M)/2018 and GR No.699/2018) registered under Sections 342/506 IPC read with Section 4 of POCSO Act, 2012.
It is submitted by the learned counsel for the petitioner that after getting interim prearrest bail from this Court, the petitioner appeared before the Investigating Officer of Digboi PS Case No.235/2018 and his statement has been recorded under Section 161 Cr.P.C.
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The case diary, as called for, is placed before the Court.
On perusal of the case diary, it appears that although the victim implicated the petitioner, the other evidence so far collected by the Investigating Officer is to the contrary. It is noticed that the petitioner appeared before the concerned Investigating Officer and got his statement recorded under Section 161 CrPC. The petitioner is also cooperating in the investigation and on the other hand, there is no adverse report against him from the Investigating Officer. The case diary reveals no sound and justifiable reason for custodial interrogation of the petitioner in the interest of further investigation of the case.
In view of the above, the interim pre-arrest bail granted to the petitioner vide order, dated 05.03.2019, is hereby made absolute, subject to the following conditions:-
Accordingly, the anticipatory bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner satisfies the requirements for granting absolute anticipatory bail under Section 438 Cr.P.C.
2 provisions across 2 enactments
DULU BORA
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
