The Gauhati High Court converted interim anticipatory bail granted to the applicant into an absolute order in a section 498A IPC case, finding custodial interrogation unwarranted given cooperation with the investigation and potential for compromise.
Granted anticipatory bail; interim order dated 12.08.2022 made absolute.
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GAHC010159212022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2269/2022
DIBJYOTI SAIKIA S/O SRI BIPUL SAIKIA R/O PHILOBARI P.O. PHILOBARI P.S. DOOMDOMA DIST. TINSUKIA, ASSAM PIN-786160
CURRENTLY RESIDING AT BCPL, SIVASAGAR TOWNSHIP QUARTER NO. 338, P.O., P.S. AND DIST. SIVASAGAR, ASSAM, PIN-785640
VERSUS
THE STATE OF ASSAM REP.BY THE PP, ASSAM
Advocate for the Petitioner : MR N N UPADHYAYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE ROBIN PHUKAN ORDER
06.09.2022
Heard Mr N N Upadhyaya, learned counsel for the accused/applicant and
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also heard Ms N Das, learned Additional Public Prosecutor for the State respondent.
Apprehending arrest in connection with Philobari PS Case No. 27/2022 (corresponding to GR Case No. 1248/2022) under Section 498A/420 of the Indian Penal Code, 1860, this application under Section 438 Cr.P.C. is preferred by applicant/petitioner, Sri Dibjyoti Saikia, for grant of pre-arrest bail.
Be it mentioned here that the aforesaid case has been registered on the basis of one FIR lodged by one Sandhya Phatowali, on 17.07.2022, to the effect that her husband, Sri Dibjyoti Saikia, the present applicant, subjected her to both physical and mental cruelty and since 2011, her husband and father-in-law fraudulently took a sum of Rs. 7,20,000/- in cash as well as through bank transfer from her and her parents and till date, only an amount of Rs. 35,000/- has been returned by them and they have refused to pay the balance amount.
Mr Upadhyaya, learned counsel for the accused/applicant submits that pursuant to the order dated 12.08.2022, the accused/applicant appeared before the IO and his statement has been recorded and he has been cooperating with the investigating agency and that the matter is between husband and wife and there is also possibility of effecting a compromise between the parties and therefore, it is contended to make the interim order dated 12.08.2022, absolute, in the same terms and conditions.
However, producing the Case Diary, Ms N Das, learned Additional Public Prosecutor submits that the applicant has appeared before the IO and he has been cooperating with the Investigating Agency and the investigation has progressed substantially.
Having heard the submission 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 produced before this Court with the assistance of
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Ms N Das, learned Additional Public Prosecutor.
In view of above and considering the nature of accusation and the punishment prescribed for the same, the custodial interrogation of the accused/applicant appears to be unwarranted in the interest of investigation. Accordingly, this court is inclined to make the interim order dated 12.08.2022, absolute in the same terms and conditions.
In terms of above, the anticipatory bail application stands disposed of.
Case Diary be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to make interim anticipatory bail order absolute in a complaint involving allegations of cruelty under Section 498A IPC?
2 provisions across 2 enactments
Dibjyoti Saikia
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
