The High Court converted interim anticipatory bail into absolute bail for the petitioner in a case involving sections 406 and 420 IPC, noting his cooperation and lack of adverse investigation report.
Interim anticipatory bail made absolute on conditions of appearance, non-tampering, and no inducement.
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GAHC010047092019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 646/2019
1:PALASH PRATIM BORA
S/O LATE DHARMESWAR BORAH, R/O SUBJURI, VILL.- BENGULI, P.S.0 BOKAKHAT, DIST.- GOLAGHAT, ASSAM, PIN- 785612
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR A NATH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 11-06-2019
Heard Mr. A. Nath, learned counsel for the petitioner and Ms. A Begum, learned Additional Public Prosecutor for the State of Assam.
By this petition under Section 438 Cr.P.C., the petitioner, namely, Palash Pratim Bora, has prayed for granting him pre-arrest bail, apprehending arrest in connection with Sonapur PS Case No. 98/2019 under Sections 406/420 of the IPC.
Case diary, as called for, is placed before the Court.
Mr. A Nath, learned counsel for the petitioner, submits that the petitioner is on interim pre-arrest bail granted vide order, dated 10.05.2019, and that the petitioner appeared before
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the I.O. and his statement under Section 161 of the Cr.P.C. got recorded.
On perusal of the case diary, it is noticed that in terms of the conditions of the interim pre-arrest bail granted vide order, dated 10.05.2019, the petitioner appeared before the I.O. and got his statement recorded under Section 161 Cr.P.C.. The petitioner is co-operating in the investigation and there is no adverse report against the petitioner from the I.O. The case diary reveals no justifiable reason for custodial interrogation of the petitioner in the interest of further investigation of the case.
Therefore, the interim anticipatory bail granted in favour of the petitioner, vide order, dated 10.05.2019, is hereby made absolute, subject to the conditions (i) that the petitioner shall appear before the I.O. of the case as and when required for the purpose of investigation; (ii) that the petitioner shall not hamper or tamper with the investigation in any manner; and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
Return the case diary.
With the above directions, the anticipatory bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether interim anticipatory bail should be converted into absolute bail.
1 provisions across 1 enactments
PALASH PRATIM BORA S/O LATE DHARMESWAR BORAH
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
