Pankaj Kalita v. The State of Assam

Page No.# 1/3 GAHC010004962024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/73/2024 PANKAJ KALITA S/O HARAKANTA KALITA R/O VILL. DIMARUGURI ITACHALI P.S. NAGAON DIST. NAGAON ASSAM PIN 782003 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A N IQBAL Advocate for the Respondent : PP, ASSAM

B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

30.01.2024

Heard Mr. A.N. Iqbal, learned counsel appearing for the petitioner. Also heard Ms. A. Begum, learned Addl. P.P., Assam appearing for the State respondent.

¶2This is an application under Section 438 of the Code of Criminal Procedure, Page No.# 2/3 1973 for seeking pre-arrest bail to the accused/petitioner, namely, Pankaj kalita, who is apprehending arrest in connection with Chungajan P.S. Case No. 15/2023 under Sections 120B/284/379/406/411/413/420 of the Indian Penal Code, 1860.

¶3The case diary as called for is placed before this Court.

¶4It may be mentioned that vide order dated 10.01.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

¶5Ms. A. Begum, learned Addl. P.P. submits that the case diary shows that the petitioner has appeared before the Investigating Officer and has got his statement recorded under Section 161 Cr.P.C, as per the interim pre-arrest bail granted earlier. She further submits that the accused/petitioner has admitted that he has not paid taxes in respect of the purchase of the betel nut in question.

¶6This Court finds that custodial interrogation may not be required in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order dated 10.01.2024 is hereby made absolute subject to the following conditions,

i) The petitioner shall co-operate with the investigation,

ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer.

¶7This disposes of the anticipatory bail application. Send back the case diary. Page No.# 3/3

JUDGE Comparing Assistant