Petitioner sought anticipatory bail fearing arrest in an Indoastatutory Bhubarag law case. Court found custodial interrogation unnecessary and granted absolute bail on the same terms as the interim order dated 24.7.2019.
Interim pre-arrest bail granted on 24.7.2019 made absolute on same terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010164992019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2269/2019
1:SAMIR DEY
S/O SRI KANDARPA MOHAN DEY, R/O KALAPAHAR, NEAR BINOVA NAGAR SBI BRANCH, P.S.-FATASHIL, DIST-KAMRUP(M), ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A M BORA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 21-10-2019
By this application under Section 438 Cr.PC, the petitioner, Samir Dey has prayed for prearrest bail, apprehending arrest in connection with Murajhar P.S. Case No. 203/2019 under Section 120(B)/468/471/420/406/409 IPC.
Heard Mr. A.M. Bora, learned Senior Counsel for the petitioner as well as Ms. S.H. Bora, learned Additional Public Prosecutor for the State. Case diary produced has been perused.
On perusal of the materials in the case diary, this court is of the view that custodial interrogation of the petitioner is not necessary for the purpose of investigation of the case. On the other hand, he is not alleged to have misused the liberty granted to him while availing interim pre-arrest bail vide order dated 24.7.2019. His statement has also been recorded by
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the investigating officer.
Accordingly, the interim pre-arrest bail granted to the petitioner, vide order dated 24.7.2019 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 interim pre-arrest bail should be confirmed into absolute bail given no need for custodial interrogation.
2 provisions across 2 enactments
Samir Dey
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
