The Gauhati High Court granted an application for pre-arrest bail under Section 438 Cr.P.C. to the appellant in a theft and criminal mischief case, fixing a bond of Rs. 15,000 with one surety.
Release on pre-arrest bail on furnishing a bond of Rs. 15,000 with one local surety, subject to specific conditions regarding appearance and conduct.
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GAHC010137352020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2683/2020
1:KRISHNA BRAHMA
S/O LATE HOGOL BRAHMA, R/O VILL-SALGURI, P.O.-RANCHAIDHAM, P.S.BASUGAON, DIST-CHIRANG (BTAD), ASSAM, PIN-783372
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 08-10-2020
Heard Mr. S.C. Biswas, learned counsel for the applicant. Also heard Mr. N.J. Dutta,
learned Addl. P.P. Assam appearing for the State.
This application has been filed under Section 438 Cr.P.C. seeking the benefit of pre-arrest
bail in connection with Basugaon P.S. Case No. 30/2020 registered under Sections 379/ 411/ 34 IPC.
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Heard on the prayer of interim bail.
Mr. Biswas submits that the co-accused in this case have been granted absolute bail by this Court in connection with A.B. No. 2319/2020 and hence, a similar order be passed in the present case as well.
It appears that by the order dated 30-09-2020 passed in A.B. No. 2319/2020, three coaccuseds have been allowed to go on pre-arrest bail in connection with the same P.S. case.
I have perused the FIR, where-after I am satisfied that a similar order as in the case of the other accused, can be passed in this case as well. Learned Addl. P.P. Assam has also fairly agreed to the same.
In view of the above, it is hereby provided that, in the event of arrest, the applicant, viz.
Krishna Brahma be released on pre-arrest bail on furnishing bond of Rs. 15,000/- with one local surety of like nature to the satisfaction of the arresting authority, subject, to the following conditions:-
(i) That the petitioner shall appear before the Investigating Officer within 10 days;
(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.
Bail application stands disposed of.
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JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether the appellant is entitled to pre-arrest bail in connection with the case under Sections 379/411/34 IPC.
2 provisions across 2 enactments
Krishna Brahma
The State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
