In an anticipatory bail application under Section 438 CrPC, the High Court allowed bail for the petitioner who had cooperated with the police investigation. The interim bail granted earlier was made absolute and the case diary was ordered to be returned.
Pre-arrest bail allowed; interim bail made absolute; case diary returned.
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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GAHC010203392023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3132/2023
CHILARAM NARZARY S/O- LATE SACHINDRA NARZARY, R/O- MAIBONG NWGWR, WARD NO-5, KOKRAJHAR, PIN-783370
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A K BHUYAN
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
13.12.2023
Heard Mr. A.K. Bhuyan, learned counsel for the petitioner. Also heard Ms. N. Das, the learned Addl. Public Prosecutor representing the State of Assam.
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This is an application under Section 438 of the CrPC in respect of Kokrajhar P.S. Case No.775/2020 under Sections 406/420/408/409 of the Indian Penal Code.
Pursuant to an interim order granted by this Court, the petitioner Chilaram Narzary appeared before the Investigating Officer and has cooperated with the police investigation.
Since the petitioner has co-operated with the police investigation, he does not deserve to be detained in custody. Accordingly, his pre-arrest bail application is allowed.
Interim bail granted on 14.09.2023 in his favour is made absolute.
The application for bail stands disposed.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is eligible for pre-arrest bail after cooperating with the investigation.
Whether the earlier interim bail order should be converted into absolute bail.
2 provisions across 2 enactments
CHILARAM NARZARY
THE STATE OF ASSAM
PARTHIVJYOTI SAIKIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
