Allowed

Kaushik Rai and Anr. v. the State of Assam

Gauhati HC11 Aug 2022AB/1583/2022

Case brief

AI extract

What is this about?

Hearing an application for anticipatory bail under Section 438 Cr.P.C., the Court made an interim bail order absolute. Ruling that custodial interrogation was not warranted as petitioners were not directly implicated, the Court granted bail subject to standard conditions including appearing before the I.O. within 10 days.

What did the court decide?

Prior interim pre-arrest bail converted into absolute bail subject to conditions.

Kaushik Rai and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010113362022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1583/2022

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KAUSHIK RAI AND ANR S/O LATE AJOY ROY R/O ZOO NARENGI ROAD, P.S. GEETANAGAR, DIST KAMRUP (M), ASSAM

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2: MD. KAMAL S. RAHMAN S/O RAJIBUR RAHMAN R/O 32 K.K. BHATTA ROAD CHENIKUTHI P.S. CHANDMARI DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. B HALDAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 11.08.2022

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Page No.# 2/3

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Heard Mr. A.C. Sarma, learned Senior Counsel, assisted by Mr. B. Haldar, learned counsel for the petitioners and Mr. M.P. Goswami, learned APP appearing for the State.

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By this application under Section 438 Cr.P.C., the petitioners, namely, (1) Kaushik Rai and (2) Md. Kamal S. Rahman, are seeking pre-arrest bail, apprehending arrest in connection with Chandmari PS Case No. 248/2022 under Section 302/34 IPC.

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The learned APP has produced the case diary and has opposed the prayer for bail.

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On perusal of the case diary, it appears that the deceased, who is the brother of the informant, was a drug addict and was admitted in the rehabilitation centre where the petitioner no. 1 is stated to be treasurer and the petitioner no. 2 is stated to be an office bearer. The case diary further reveals that the brother of the informant was assaulted by two persons, who had been arrested. Accordingly, as the petitioners are not directly implicated of having assaulted the victim, the Court is of the considered opinion that further custodial interrogation of the petitioners is not warranted. Hence, the interim pre-arrest bail granted to the petitioners named above, by order dated 10.06.2022, is made absolute on the following conditions:

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(1) The petitioners shall make themselves available to the police

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or any other investigating agency or Court in the present case as and when require.

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(2) The petitioners 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 Court or to any police officer or tamper with the

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Page No.# 3/3

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evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses.

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(3) The petitioners shall not obstruct the smooth progress of the investigation/ trial.

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(4) The petitioners shall not misuse their liberty in any manner.

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(5) The petitioners shall not jump over the bail.

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(6) The petitioners shall once again appear before the I.O. of Chandmari PS Case No. 248/2022 within 10 (ten) days from today, failing which the protection to the petitioner would lapse on the 11^th day of the order.

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This anticipatory bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Kaushik Rai and Anr. v. the State of Assam

Case brief

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Kaushik Rai and Anr. v. the State of Assam

Case brief

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