The Gauhati High Court made absolute the interim anticipatory bail granted earlier to the petitioner, who was apprehended of arrest in a cheating and forgery case, subject to cooperation and non-interference conditions.
Interim pre-arrest bail made absolute subject to cooperation in investigation and non-inducement conditions.
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GAHC010006002023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/82/2023
BANI KANTA CHUTIA S/O- LT. NIRMAL CHUTIA, VILL- BORABHAYPURIA, P.O. AND P.S. TENGAKHAT, DIST.- DIBRUGARH, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. I AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 25.04.2023
Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Sri Bani Kanta Chutia , apprehending arrest in connection with Dibrugarh P.S. Case No. 2192/2021 registered u/s 409/420/468/471 of the IPC.
The Case diary, as called for, is placed before the Court.
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It may be mentioned that by order, dated 10.01.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner.
Mr. R. J. Baruah, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the Investigating Officer and got his statement recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier.
On perusal of the case diary, it is seen that there is no adverse report against the petitioner from the I.O., and, as such, this Court is of the view that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.
Therefore, the interim pre-arrest bail granted vide order, dated 10.01.2023 is hereby made absolute , subject to the following conditions-
(i) That the petitioner shall co-operate in investigation as and when required; and
(ii) That the petitioner 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 the Court or to any police officer.
Return the case diary.
This disposes off the anticipatory bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim pre-arrest bail should be made absolute.
1 provisions across 1 enactments
Bani Kanta Chutia
The State of Assam Rep. by P.P., Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
