The Gauhati High Court granted anticipatory bail to the petitioner under Section 438 CrPC in a case under Sections 498(A)/313 IPC, directing release on bail upon arrest as no serious assault was established by evidence.
Pre-arrest bail granted on furnishing a bail bond of Rs. 20,000 with one surety of like amount.
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GAHC010151952019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2047/2019
1:JYOTI PRAKASH SINGHA @ APU SINGHA S/O- SRI HEMANTA KR SINGHA, R/O- VILL- MASUGHAT, P.S- SILCHAR, DIST- CACHAR, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B SINHA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 21-11-2019
By this application under Section 438 CrPC, petitioner, namely, Jyoti Prakash Singha, has sought for pre-arrest bail in the event of his arrest in connection with Silchar PS Case No. 2085/2019, under Sections 498 (A)/313 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
Accused petitioner is the husband of the informant and from the evidence so far collected by the IO, no serious incident of assault and other torture etc. is made out against the accused petitioner. The other witnesses examined have not supported the contention raised by the informant.
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In view of above, custodial interrogation of the accused petitioner can be dispensed with.
Considering all entirety of the matter, the accused petitioner aforesaid is granted pre-arrest bail. In the event of his arrest in connection with the aforesaid case he shall be released on bail on furnishing bail bond of Rs. 20,000/-, with one surety of the like amount to the satisfaction of the arresting authority with further direction to the petitioner to appear before the IO within a period of 15 days from today and he shall cooperate with the investigation of the case.
Return the Case Diary.
Anticipatory Bail Application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail can be granted in a charge sheet not yet filed case under Sections 498(A)/313 IPC.
Whether custodial interrogation is necessary when evidence does not make out serious incidents of assault or torture.
2 provisions across 2 enactments
Jyoti Prakash Singha @ Apu Singha
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
