Allowed

Abishek Bakshi v. the State of Assam

Gauhati HC12 May 2023AB/889/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted absolute pre-arrest bail to the petitioner in an FIR under Sections 419/294 IPC and various sections of the IT Act, maintaining that custodial interrogation was not necessary. The interim bail granted on 15.03.2023 was confirmed subject to cooperation and non-interference.

What did the court decide?

Interim pre-arrest bail dated 15.03.2023 was made absolute subject to cooperation with investigation and non-inducement of witnesses.

Abishek Bakshi Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010056012023

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THE GAUHATI HIGH COURT

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

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Case No. : AB/889/2023

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ABISHEK BAKSHI S/O SUBHENDU BAKSHI R/O 14A/75 WEA, KAROL BAGH POLICE STATION, DIST. CENTRAL ZONE, NEW DELHI, NEW DELHI -110005

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. K GOSWAMI

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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12.05.2023

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Heard Mr. K. Goswami, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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By this petition under Section 438 Cr.P.C., the petitioner, namely, Abishek Bakshi has prayed for granting pre-arrest bail, apprehending arrest in connection with Lakhipur P.S. Case No. 51/2023 registered u/s 419/294 of the IPC read with Sections 66(C)/66(D)/ 67/67(A) of the Information Technology Act, 2000.

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Page No.# 2/2

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The case diary, as called for, is placed before the Court.

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It may be mentioned that by order, dated 15.03.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

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Mr. B. Sarma, 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. There is no adverse report against the petitioner from the I.O. This Court finds that custodial interrogation of the petitioner may not be required in the interest of the ongoing investigation into the case.

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Accordingly, the interim pre-arrest bail granted vide order, dated 15.03.2023 is hereby made absolute, subject to the following conditions-

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(i) That the petitioner shall co-operate in investigation as and when required; and

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(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.

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Return the case diary.

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This disposes of the anticipatory bail application.

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JUDGE

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Comparing Assistant

Abishek Bakshi v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abishek Bakshi v. the State of Assam

Case brief

What is this about?

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What the court decided

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