The High Court made interim order dated 31.10.2019 absolute for pre-arrest bail. Court found custodial interrogation unnecessary. Petitioner bail granted subject to same terms and conditions as co-accused.
Interim order dated 31.10.2019 made absolute; bail granted subject to terms and conditions.
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GAHC010263432019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3801/2019
1:SATYAJIT BODO @ SATYAJIT BORO S/O SRI BOGADHAR BODO, R/O MARGHERITA, P.S. AND P.O.MARGHERITA, DIST-TINSUKIA, ASSAM-786181
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. S G BARUAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 26-11-2019
Heard Ms. S. G. Baruah, learned counsel for the petitioner. Also heard Mr. N. J. Dutta, learned Additional Public Prosecutor for the State of Assam.
By this application under Section 438, Cr.P.C., the petitioner namely, Satyajit Bodo @ Satyajit Boro , has prayed for pre-arrest bail, apprehending his arrest in connection with Digboi P.S. Case No. 263/2019, registered under Section 387, IPC.
It is submitted by Ms. Baruah, learned counsel for the petitioner and
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not controverted by the learned Public Prosecutor, that the co-accused Safiur Rahman has been granted the privilege pre-arrest bail by this Court in AB 3611/2019. She has further submitted that as the petitioner is similar situated like the said co-accused, Safiur Rahman, he shall also be granted the same privilege.
Perused the contents of FIR as well as the averments made in the petition the case diary called for has been received and the contents of the case diary are also perused.
Pursuant to the interim order dated 31.10.2019, the petitioner has appeared before the I.O. and his statement has been recorded by the I.O.
Upon consideration of the same, the custodial interrogation of the petitioner is not necessary and accordingly, the interim order dated 31.10.2019 is made absolute, subject to the same terms and conditions.
This bail application is stands disposed of in the aforesaid terms.
Comparing Assistant
1 issue framed by the court
Whether the petitioner entitled to pre-arrest bail considering co-accused granted similar relief.
2 provisions across 2 enactments
Satyajit Bodo @ Satyajit Boro
The State of Assam Represented by the Public Prosecutor, Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
