The Gauhati High Court granted absolute pre-arrest bail to the accused-petitioner, making the interim bail order dated 27.06.2019 absolute. The court found no material requiring custodial interrogation.
The interim pre-arrest bail granted on 27.06.2019 is made absolute on the same terms and conditions.
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GAHC010148742019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1974/2019
1:BAKUL KRISHNA GOSWAMI
S/O. LT. NARENDRA NATH GOSWAMI, VILL. BILOTIA, P.O. BANGALCHUK, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. J HANDIQUE
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 03-10-2019
Heard Mr. J Handique, learned counsel for the accused-petitioner. Also heard Mrs. A Begum, learned Additional Public Prosecutor, appearing for the State of Assam.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Bakul Krishna Goswami, in connection with Lakhimpur PS Case No. 206/2019 registered under Sections 447/354 of the IPC read with Section 8 of the POCSO Act.
Perused the case diary produced before this court.
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On perusal of the materials in the case diary, it does not appear to this court that there is any such material requiring custodial interrogation of the accused-petitioner.
The petitioner is already on interim pre-arrest bail granted vide order, dated 27.06.2019. There is no instance to indicate that during this period, the petitioner has misused the liberty granted to him while availing interim pre-arrest bail. In the meantime, the petitioner has appeared before the Investigating Police Officer and got his statement recorded.
In view of the above facts, this court is inclined to grant the privilege of pre-arrest bail to the petitioner and accordingly, the interim pre-arrest bail granted to the accusedpetitioner, on 27.06.2019, is made absolute on the same terms and conditions.
This petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the accused-petitioner in connection with an offence under Sections 447/354 of the IPC and Section 8 of the POCSO Act.
1 provisions across 1 enactments
Bakul Krishna Goswami
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
