Lakheswar Das v. The State of Assam

ORDER Date : 21 .02. 2024 Heard Mr. G. Phukan, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 438 Cr.P.C., filed by the petitioner, Page No.# 2/3 namely Sri Lakheswar Das, praying for pre-arrest bail who is apprehending arrest in connection with Satgaon P.S. Case No. 06/2024 (Corresponding to G.R. Case No. 117/2024) under Sections 294/ 326/ 506/ 34 IPC. The case diary is received and perused. Heard both sides. It is submitted by the learned counsel for the petitioner that the petitioner is on interim pre-arrest bail vide order dated 11.01.2024 and he is innocent and he is no way involved with the alleged offence. However, after obtaining interim pre-arrest bail, the petitioner has appeared before the I.O. and cooperated with the investigation. He further submits that the petitioner is ready and willing to co-operate with the I.O., if the privilege of pre-arrest bail is granted to him. In this context, the learned Addl. PP has submitted that from the materials available in the case diary, it reveals that the petitioner has appeared before the I.O. and his statement has been recorded under Section 161 CrPC and he has cooperated with the investigation. Considering the conduct of the petitioner, the prayer for pre-arrest bail may be considered. After hearing the learned counsel for both the parties, considering the materials available in the case diary and the considering the conduct of the petitioner, I find it to be a fit case to extend the privilege of pre-arrest bail to the petitioner. Accordingly it is directed that in the interim pre-arrest bail order dated

11.01.2024 is hereby made absolute, subject to the same conditions contained in the interim order dated 11.01.2024 itself. With the above direction, the bail application is disposed of. Page No.# 3/3 Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010006792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/89/2024 LAKHESWAR DAS S/O LATE KHAGESWAR DAS R/O PANJABARI GANESH MANDIR AMRITPUR,P.S. SATGAON, GUWAHATI-781037 DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. G PHUKAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA