In an anticipatory bail application under Section 438 Cr.P.C., the Gauhati High Court granted absolute pre-arrest bail to the petitioner, noting he had complied with interim bail terms without misuse.
Interim pre-arrest bail order dated 14-02-2019 made absolute; case disposed of with directions to return case diary.
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GAHC010029312019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 385/2019
1:HOMEN DAS S/O. LT. JOGENDRA NATH DAS, R/O. GOLIA, P.O. AND P.S. BHAWANIPUR, DIST. BARPETA, ASSAM-781314.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. P SARMAH
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MR. JUSTICE HITESH KUMAR SARMA
:: O R D E R ::
14-03-2019
This is an application, made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Sri Homen Das, apprehending arrest in connection with CID Police Station Case No. 17/2017 , registered under Sections 120(B)/420/468/471 of the IPC .
I have perused the petition including the copy of the FIR.
The case diary produced, has been perused.
Heard Mr. B Chakravorty, learned counsel for the petitioner as well as Mr. TK Mishra, learned Additional Public Prosecutor, appearing for the State of Assam.
On perusal of the materials in the case diary and the evidence so far collected by the Investigating Police Officer, it does not appear that custodial interrogation of the petitioner is necessary. Accordingly, he is granted the pre-arrest bail.
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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 14-02-2019, 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 causing no interference with investigations.
2 provisions across 2 enactments
Homen Das
The State of Assam Rep. by PP, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
