The Gauhati High Court allowed the petitioner's application for pre-arrest bail and made his interim bail absolute after finding that custodial interrogation was not essential for the investigation.
Prayer for pre-arrest bail allowed; interim bail of 12.6.2019 made absolute on same terms.
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GAHC010130752019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1748/2019
1:RUPJYOTI SAIKIA
S/O LATE PRADIP KUMAR SAIKIA, R/O BASISTHA, GANESH NAGAR, P.S.BASISTHA, GUWAHATI, DIST-KAMRUP(M), ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S MITRA
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, Rupjyoti Saikia, in connection with Basistha PS Case No. 899 of 2019 under Section 120B/325/341/294 A/406/420 IPC.
Heard Mr. S. Mitra, 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 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
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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 the petitioner is entitled to pre-arrest bail from custody under Section 438 Cr.PC in the present case.
1 provisions across 1 enactments
Rupjyoti Saikia
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
