In a bail application under Section 438 Cr.P.C, the Gauhati High Court granted pre-arrest bail to the petitioner. The court found no need for custodial interrogation as the petitioner had cooperated with investigation and his statement was already recorded.
Pre-arrest bail granted by making the interim bail 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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GAHC010046742021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
AB/764/2021
BIDYUT KR RAY S/O SUNIL KR RAY R/O VILL-BATABARI P.O. AND P.S.-ABHAYAPURI DIST-BONGAIGAON PI-783384
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM
Advocate for : MR A A DEWAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
18-11-2021
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Bidyut Kr. Ray, in connection with Abhayapuri Police Station Case No. 181 of 2021 (corresponding to NGR Case No. 292/2021) registered under Sections 143/353/352/336/ 427/294 of the Indian Penal Code, read with Section 13/14 of AGB Act .
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Heard Mr. A.A. Dewan, learned senior counsel appearing for the petitioner and Mr. BB. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.
The case diary produced has been perused.
On perusal of the materials in the case diary it is found that there is no such materials in the case diary requiring custodial interrogation of the petitioner. Considering the nature of involvement of the petitioner with the offence alleged and the fact that he has appeared before the Investigating Police Station and his statement has been recorded and that he has not misused the liberty granted to him; rather, he has co-operated with the investigation of the case. That being so, the petitioner is granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order dated 1203-2021, is made absolute on the same terms and conditions. The petition stands disposed of accordingly. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner in connection with the offence alleged.
3 provisions across 3 enactments
Bidyut Kr Ray S/O Sunil Kr Ray
The State of Assam Represented by the Public Prosecutor Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
