The Gauhati High Court considered an application for pre-arrest bail under Section 438 CrPC against charges of molestation and cheating. The court made the interim protection order absolute, finding custodial interrogation unnecessary as the applicant cooperated with investigation.
The interim order dated 06.06.2022 granting protection was made absolute.
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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GAHC010108202022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1533/2022
NABAJYOTI DAS S/O SRI LAKHI DAS R/O BHURAMARA P.O. GARAMUR MAJULI P.S. MAJULI DIST. MAJULI, ASSAM
VERSUS
THE STATE OF ASSAM REP.BY THE PP, ASSAM
Advocate for the Petitioner : MR. P J SAIKIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER
08.12.2022
Heard Mr. P.J. Saikia, learned counsel for the applicant and Mr. B.B. Gogoi, learned Addl. P.P. for the State respondent.
Apprehending arrest in connection with Majuli PS Case No. 27/2022, under
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sections 354/506/34 of the IPC read with section 67 of the IT Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Sri Nabajyoti Das for grant of pre-arrest bail.
The said case has been registered on the basis of an FIR lodged by informant Smti X [name withheld] on 21.05.2022, to the effect that the applicant took her various photographs of the informant after touching her body inappropriately and sent the photographs to her friends stating that he has married her.
Mr. Sakia, learned counsel for the applicant submits that this court was pleased to grant interim protection to the applicant vide order dated 06.06.2022, and pursuant to said order he has appeared before the IO and his statement is also recorded and he has been cooperating with the investigating agency. Mr. Saikia, further, producing one letter of the informant, addressed to the SP of Majuli district, submits that the informant is not willing to pursue the matter and prayed for closing the case, and therefore, Mr. Saikia contended to make the interim order dated 06.06.2022, absolute in the said terms and conditions.
On the other Mr. Gogoi, by producing the case diary before this court, submits that the material part of investigation is almost over and the applicant has also appeared before the IO and his statement has been recorded and he has been cooperating with the investigating agency.
Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.
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In view of materials collected so far in the case diary and also in view of the stage of investigation and further considering the fact that the applicant has been cooperating with the investigating agency, this court is of the opinion that custodial interrogation of the applicant seems to be unwarranted in this case and therefore, this court is inclined to make the interim order dated 06.06.2022 absolute in the same terms and condition.
In terms of above this AB stands disposed of.
The case diary be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to make the interim protection order absolute by granting pre-arrest bail to the applicant.
1 provisions across 1 enactments
Nabajyoti Das
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
