The Gauhati High Court allowed an application for pre-arrest bail, making interim bail absolute, noting the petitioner's cooperation with the police investigation in a case alleging assault and obscene gestures.
Interim bail granted in favour of the petitioner was made absolute and the application disposed of.
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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GAHC010270892022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/11/2023
ROHAN AGARWAL
S/O- SRI PAWAN AGARWAL, R/O- H.NO. 7, JYOTI PATH, NEAR SUDARSHAN PUBLIC SCHOOL, BAKRAPARA, JAYANAGAR, P.O. KHANAPARA, P.S. DISPUR, GHY-22, DIST.- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. B K MAHAJAN
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
09.02.2023
Heard the learned counsel Mr. P.K. Das appearing for the petitioner. Also heard Ms. N. Das, the learned Addl. Public Prosecutor representing
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the State of Assam.
This is an application under Section 438 of the CrPC praying for prearrest bail in connection with Dispur P.S. Case No.2662/2022 under Sections 341/ 294/ 509/ 323/ 354/ 354(B)/506/279 of the IPC.
It is alleged in the FIR that the vehicle driven by the petitioner had hit the informant and on that issue, there was a quarrel between them. It is further alleged that the petitioner allegedly made obscene gestures and also pushed the informant on the ground.
The petitioner is co-operating with the police investigation. Therefore, he does not deserve to be detained in custody. Accordingly, his prayer for pre-arrest bail is allowed.
Interim bail granted in favour of the petitioner by this Court is made absolute.
The application for bail is disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in the undertrial case alleging assault and wanton offence.
1 provisions across 1 enactments
Rohan Agarwal
The State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
