The Gauhati High Court dismissed the petitioner's application for anticipatory bail. Despite the Investigating Officer reporting no evidence against the petitioner, the court dismissed the application due to a lack of apprehension of arrest and the continuation of investigation.
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GAHC010187412019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2611/2019
1:DHANANJAY SARKAR @ DHANYA SARKAR
S/O LATE PRIYA NATH SARKAR, VILL-PUTHIMARI, P.O.-CHAMARIA, P.S.BOKO, DIST-KAMRUP, ASSAM, PIN-781136
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 09-12-2019
By this application under Section 438 CrPC, petitioner, namely, Dhananjay Sarkar @ Dhanya Sarkar, has sought for pre-arrest bail in the event of his arrest in connection with Boko PS Case No. 951/2018, under Sections 20 (a) (b) (c) of the NDPS Act.
Although the petitioner was named in the FIR, but no charge sheet was submitted against him, but the investigation continued. Now, after completion of the further investigation, the IO has submitted a report that no evidence is found against the present accused petitioner and one another person, namely, Subhash Mondal.
In view of such finding on the part of the IO, custodial detention of the accused petitioner is
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apparently not warranted. There is no apprehension that the accused will be arrested in the present case.
Accordingly, anticipatory bail application stands dismissed accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in light of the Investigating Officer's report finding no evidence against him under the NDPS Act.
Whether there is any reasonable apprehension of arrest justifying the grant of anticipatory bail.
2 provisions across 2 enactments
Dhananjay Sarkar @ Dhanya Sarkar
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
