Application filed under Section 438 Cr.P.C. for pre-arrest bail in a case involving IPC/ITPA offences. Court held custodial interrogation unnecessary and granted bail with bond of Rs.15,000 and surety.
Application allowed; petitioner granted privilege of pre-arrest bail subject to conditions and surety of Rs.15,000/-.
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GAHC010025292021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/439/2021
KANKAN RAY
S/O LATE HARESWAR RAY, VILL-SOLMARI, P.S.-AGIA, DIST-GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. MD S HOQUE
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
08-03-2021
This is an application under Section 438 Cr.P.C ., praying for pre-arrest bail by the petitioner, namely, Kankan Ray, in connection with Agia Police Station Case No. 10 of 2021 , registered under Sections 370A/371/497/34 of the IPC, read with Sections 3/4/5 of the Immoral Traffic (Prevention) Act, 1956 .
Heard Mr. S. Hoque, learned counsel appearing for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor.
The case diary produced, has been perused.
On perusal of the materials in the case diary in the considered view of this Court this is not a case where custodial interrogation is essential for the purpose of investigation of this case. Therefore, the petitioner is granted the privilege of pre-arrest bail.
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Accordingly, it is provided that in the event of arrest of the petitioner, above named, in connection with the case aforementioned, he shall be released on furnishing bail bond of Rs.15,000/- , with a suitable surety of the like amount, to the satisfaction of arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioner:
(a) shall appear before the Investigating Police Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation;
(b) shall not hamper with the investigation, or tamper with the evidence of the case;
(c) 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. The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the Grant of pre-arrest bail was justified in the present case?
3 provisions across 3 enactments
Kankan Ray
The State of Assam Represented by the Public Prosecutor
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Hitesh Kumar Sarma
Parties & counsel
