The Gauhati High Court allowed a Section 438 CrPC petition for pre-arrest bail in an IPC 307 case. The court found custodial interrogation unnecessary, noting the petitioner had complied with interim bail conditions, and made the interim bail absolute.
Interim pre-arrest bail granted on 05-02-2019 was made absolute with same terms; application disposed of.
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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GAHC010022512019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 280/2019
1:NARESH PRASAD S/O LATE DINA NATH PRASAD R/O VILL- NO. 1 GARUAJHAR P.S. PANERI PIN - 784523 DIST. KAMRUP, BTAD, ASSAM
VERSUS 1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. D P CHALIHA
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MR. JUSTICE HITESH KUMAR SARMA
:: O R D E R ::
11-03-2019
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Naresh Prasad, apprehending arrest in connection with Paneri Police Station Case No. 10/2019 , registered under Section 307 of the IPC .
I have perused the petition including the copy of the FIR and the documents annexed therewith.
The case diary received, has been perused.
Heard Mr. DP Chaliha, learned senior counsel for the petitioner as well as Ms. SH Bora, learned Additional Public Prosecutor, appearing for the State of Assam.
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On perusal of the materials in the case diary, it does not appear that custodial interrogation of the petitioner is necessary. Accordingly, he is granted the pre-arrest bail. On the other hand, the petitioner has been availing interim pre-arrest bail. He has appeared before the Investigating Police Officer in accordance with the order granting interim pre-arrest bail to him. His statement has already been recorded and he has not misused the liberty granted to him.
That being so, this is a fit case for grant of the privilege of pre-arrest bail to the petitioner. Accordingly, the interim pre-arrest bail granted to the petitioner, vide order dated 05-02-2019, is made absolute by this order with the same terms and conditions. The anticipatory bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner on the grounds that custodial interrogation is not necessary and he has not misused interim liberty.
1 provisions across 1 enactments
Naresh Prasad S/O Late Dina Nath Prasad
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
