The Gauhati High Court made an interim pre-arrest bail absolute. The court held that the petitioner faces no serious allegations and custodial interrogation is unnecessary, granting bail on specific conditions.
Interim pre-arrest bail granted absolute on conditions including appearance before the I.O. within 7 days.
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GAHC010139012022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1253/2022
RAJU OJAH S/O LATE SIDDIK OJAH R/O VILL- KHANDAKARPARA P.O. BHELLA P.S. BARPETA DIST BARPETA ASSAM PIN-781309
VERSUS THE STATE OF ASSAM T BE REP. BY THE PP ASSAM
-----------Advocate for : MR. M HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 16.08.2022
Heard Mr. N.J. Dutta, learned counsel for the petitioner and Mr. Bhaskar
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Sarma, learned APP appearing for the State.
By this application under Section 438 Cr.P.C., the petitioner, namely, Raju Ojah, is seeking pre-arrest bail, apprehending arrest in connection with Barpeta PS Case No. 492/2022 under Section 120(B)/384/427/326/506 IPC.
The learned APP has produced the case diary and has opposed the prayer for bail.
On a perusal of the case diary, it appears that although there are allegations against the petitioner being a part of the gang, but there is no serious allegation against the petitioner of having committed any offence. Accordingly, the Court is of the considered opinion that custodial interrogation of the petitioner is not warranted. Hence, the interim pre-arrest bail granted to the petitioner named above, by order dated 11.05.2022, is made absolute on the following conditions:
(4) The petitioner shall not misuse his liberty in any manner.
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This anticipatory bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether interim pre-arrest bail should be made absolute given the petitioner's limited role in the alleged gang.
Whether custodial interrogation of the petitioner is warranted.
1 provisions across 1 enactments
Raju Ojah
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
