The Gauhati High Court allowed an application for pre-arrest bail under Section 438 Cr.PC. The court found no need for custodial interrogation for investigation and made an interim order absolute.
Prayer for pre-arrest bail under Section 438 Cr.PC allowed; interim bail order made absolute.
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GAHC010130732019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1744/2019
1:KUMAR GAURAV
S/O LATE UMESH KUMAR SINGH, C/O SKYLIGHT AUTOMOTIVE PRIVATE LIMITED, DEHAN GARIGAON, OPPOSITE TO BHUPEN HAZARIKA SAMADHI KSHETRA, P.O.-GAUHATI UNIVERSITY, P.S.-JALUKBARI, DISTKAMRUP(M), ASSAM, PIN-781014
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S N TAMULI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 30-08-2019
This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Kumar Gaurav, in connection with Dispur P.S. Case No. 1542/2019 under Sections 447/353/294/506 of the IPC
Heard Mr. S.N. Tamuli, learned counsel for the petitioner as well as Mr. H. Sarma, learned Additional Public Prosecutor for the state respondent.
Case diary produced has been perused.
It appears from the case diary that the petitioner appeared before the investigating officer after he was granted interim pre-arrest bail on 12.6.2019 and got his statements recorded. He is not alleged to have misused the liberty granted to him while availing interim pre-arrest bail. On the other hand, on perusal of the materials in the case diary, it does not appear to
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this court that custodial interrogation of the petitioner is essential for the purpose of investigation of the case. That being so, the prayer for pre-arrest bail of the petitioner is allowed.
The interim pre-arrest bail granted to the petitioner, vide order dated 12.6.2019 is made absolute on the same terms and conditions. The petition stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner.
2 provisions across 2 enactments
KUMAR GAURAV
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
