Petitioner sought pre-arrest bail under Section 438 CrPC regarding an alleged petroleum case involving seized crude oil. Court noted petitioner has documents and cooperated with investigation.
Interim bail granted on 15.05.2019 made absolute; anticipatory bail application disposed of.
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GAHC010104672019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1433/2019
1:DIKSHIT GOGOI
S/O MR. TILESWAR GOGOI, R/O METEKA KURULA KATIA, P.O.-METEKA, P.S. AND DIST-SIVSAGAR, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A K BHUYAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 25-11-2019
By this application under Section 438 CrPC, petitioner, namely, Dikshit Gogoi, has sought for pre-arrest bail in the event of his arrest in connection with Basistha PS Case No. 169/2019, under Sections 120 B/379/468/471 IPC, read with Section 23 of the Indian Petroleum Act and Section 3 of the PDPP Act.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
The vehicle of the petitioner carrying crude oil was seized in connection with the aforesaid case. At a subsequent stage, on the prayer made by the petitioner, the learned trial Court on due verification
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gave the zimma of the vehicle to the petitioner on being satisfied with the documents produced by the petitioner. The petitioner, however, apprehends arrest in connection with the aforesaid case relating to the disputed vehicle as well as the crude oil. However, he has all necessary documents in this regard. Today, the Case Diary has been produced and it transpires that the petitioner has appeared before the IO and he is cooperating with the investigation and it is stated that he has all necessary documents pertaining to the vehicle and the crude oil in question.
Considering all entirety of the matter, it is seen that custodial detention of the accused petitioner aforesaid is not required. Accordingly, the interim bail granted on 15.05.2019, is hereby made absolute.
Return the Case Diary.
Anticipatory Bail Application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail application should be allowed.
Whether custodial detention is required in the present circumstances.
4 provisions across 4 enactments
Dikshit Gogoi
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
