The court disposed of an anticipatory bail application by making the interim pre-arrest bail absolute. The court held that despite incriminating material, the applicant's cooperation with the investigation made custodial interrogation unnecessary.
Interim pre-arrest bail made absolute in the same terms and conditions.
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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GAHC010085442024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1112/2024
VEER YADAV S/O RAHUL YADAV R/O BISHNUPUR MAIN ROAD,
NEAR KC TRUNK FACTORY, BYE LANE NO. 1, P.S. BHARALUMUKH, DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR H DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
30.05.2024
Heard Mr. H. Das, learned counsel for the applicant and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
2. Apprehending arrest in connection with Bharalumukh P.S. Case No.77/2024 under
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Section 341/294/325/379/427/34 IPC, this application under Section 438 Cr.P.C. is preferred by the applicant, namely, Veer Yadav, for grant of pre-arrest bail.
3. It is to be noted here that the above-noted case has been registered on the basis of an FIR lodged by one Nitul Bora, on 21.04.2024. The essence of allegation made in the aforesaid FIR is that while the informant was installing water pipe and valve at Bishnupur in connection with supply of water, then one Bikash Singh, Biki, Veer, Rohit Bhuyan and Anand Yadav caused mischief of the vehicle (JCB) by which the articles were carried and also took away the key of the said vehicle and assaulted the labours and the driver of the vehicle, and also stolen away the goods from the aforesaid vehicle, and also the mobile handsets of the driver and two labours.
4. Mr. Das, learned counsel for the applicant submits that the applicant was granted the privilege of interim pre-arrest bail by this Court, vide order dated 29.04.2024 and pursuant to the said order, he had appeared before the I.O. and his statement is also recorded and he has been extending cooperation with the investigating agency and therefore, Mr. Das has contended that the interim order dated 29.04.2024, may be made absolute, in the same terms and conditions.
5. On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the I.O. has collected incriminating materials against the present applicant. However, Mr. Sarma submits that the applicant had appeared before the I.O. and extending cooperation with the investigating agency.
6. 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 with the assistance of Mr. Sarma, learned Additional P.P.
7. It is not in dispute that the applicant had appeared before the I.O. and cooperating with the investigating agency pursuant to the order of this Court dated 29.04.2024. Though the I.O. has collected some incriminating materials against the present applicant
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and based on which Mr. Sarma has opposed the prayer, yet, in view of the cooperation being extended by the applicant as well as the progress of investigation, custodial interrogation of the applicant seems to be not warranted here in this case and therefore, this Court is inclined to make the interim order dated 29.04.2024, absolute, in the same terms and conditions. Case diary be returned.
8. In terms of above, this anticipatory bail application stands disposed of.
Sd/- Robin Phukan JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim pre-arrest bail granted to the applicant should be made absolute?
1 provisions across 1 enactments
Veer Yadav
State of Assam Rep by the PP
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
