This applicant sought pre-arrest bail under Section 438 Cr.PC. The court found no evidence justifying custodial interrogation despite the nature of the offence. Consequently, the interim pre-arrest bail was made absolute.
The interim pre-arrest bail granted vide order dated 02.09.2020 was made absolute on 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.
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GAHC010113982020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2188/2020
1:NILOTPAL DUTTA BARUAH
S/O LATE MUNINDRA NARAYAN DUTTA BARUAH, R/O OLD SHREE GURU PRESS PREMISES, NEAR PRAGJYOTISH CINEMA, A.T. ROAD, MALIGAON, GUWAHATI, DIST-KAMRUP(M), ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. R CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 01-10-2020
The Court proceedings have been conducted through Video-Conference.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Nilotpal Dutta Baruah, in connection with Jalukbari PS Case No. 974/2020 registered under Sections 341/354/323/34 of the IPC.
Heard Ms. R Choudhury, learned counsel for the accused-petitioner as well as Mr. NJ
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Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.
Perused the case diary produced before this court.
On perusal of the case diary, it is found that there is no such evidence collected against the accused-petitioner justifying his custodial interrogation.
Considering the nature of the offence and the materials in the case dairy, this Court is of the view that this is a fit case to grant the privilege of pre-arrest bail to the accusedpetitioner. On the other hand, the accused-petitioner is already on interim pre-arrest bail granted vide order, dated 02.09.2020 in terms of which he has appeared before the Investigating Police Officer. He is not alleged to have misused the liberty granted to him while availing the interim pre-arrest bail.
Accordingly, the interim pre-arrest bail granted to the petitioner vide order, dated 02.09.2020 is made absolute on the same terms and conditions.
This petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner in connection with the alleged offence.
Whether the interim pre-arrest bail granted previously should be made absolute.
2 provisions across 2 enactments
Nilotpal Dutta Baruah
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
