This is an anticipatory bail application under Section 438 Cr.P.C. regarding an arrest in a domestic cruelty case. The High Court observed the case diary lacked incriminating material and made the interim bail order absolute.
The interim pre-arrest bail order dated 21-02-2019 was made absolute under the 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.
Page No.# 1/2
GAHC010036142019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 469/2019
1:JONMONI BORAH
D/O SRI DIGEN BORAH, R/O UPARBAR LALUNG GAON, P.S.KAMPUR, DIST. NAGAON, ASSAM.
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 20-06-2019
Heard Mr. S.M. Abdullah P., learned counsel for the petitioner and Mr. NJ Dutta, learned Addl. Public Prosecutor for the State/respondent.
By this application under section 438 Cr.P.C., the petitioner, namely, Sri Jonmoni Borah has prayed for pre-arrest bail apprehending arrest in connection with Kampur P.S. Case No. 34/2019 under sections 498(A)/307 of the IPC.
Perused the FIR and the documents annexed therewith. Also perused the case diary received today.
Page No.# 2/2
The petitioner was granted interim bail by order dated 21-02-2019 and he has been interrogated by the investigating officer in the meantime.
Though allegation of cruelty have been alleged against the petitioner in the FIR, the case diary does not reflect any incriminating material justifying the necessity of custodial interrogation of the petitioner. Therefore, the order dated 21-02-2019 granting interim prearrest bail to the petitioner is hereby made absolute under the same terms and conditions.
This anticipatory bail application stands disposed of accordingly.
Send back the case dairy.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the final bail should be made absolute after the petitioner was granted interim bail in an anticipatory bail application under Section 438 Cr.P.C.
2 provisions across 2 enactments
Jonmoni Borah
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
