Mrinal Medhi and Anr v. The State of Assam

ORDER

28.02.2024

Heard Ms. A. Rana, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 438 of the code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, who are apprehending arrest in connection with Jalukbari P.S. Case No. 24/2024, corresponding to G.R. Case No. 306/2024, under Sections 143/144/326/ 153(A)/506 of the Indian Penal Code.

The Case Diary has been received. Perused the same. Heard both sides.

It is submitted by Ms. Rana, learned counsel for the petitioners, that after obtaining the interim pre-arrest bail on 08.02.2024, both the accused/petitioners have already appeared before the I.O. and their statements are also recorded under Section 161 Cr.P.C. She further submitted that no such incident has happened as alleged in the F.I.R. except a simple altercation wherein the victim fell down and sustained some minor injury. However, they are still ready and willing to cooperate with the I.O. in the further investigation of this case if they are granted with the privilege of interim pre-arrest bail. In this context, Mr. Parasar, learned Additional Public Prosecutor, has submitted that from the materials available in the Case Diary and from the Injury Report, it is seen that the custodial interrogation may not be necessary and in the same time, both the accused/petitioners also appeared before the I.O. and their statements were also recorded under Section 161 Cr.P.C.

After considering the submissions made by the learned counsels of both sides and also considering the materials available in the Case Diary as well as the conduct of the accused/petitioners, I am of the view that custodial interrogation of the accused/petitioners are not necessary in the interest of investigation and hence, I find it a fit case to extend the privilege of pre-arrest bail to the Page No.# 3/3 accused/petitioners. Accordingly, the interim pre-arrest bail order, granted to the accused/petitioners vide order dated 08.02.2024 is hereby made absolute in the same terms and conditions.

In terms of above, this anticipatory bail application stands disposed of.

The Case Diary be sent back. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010024552024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/287/2024o MRINALoMEDHIoANDoANR.o S/OoLATEoJYOTISHoCHANDRAoMEDHIo R/OoFLAToNO.oC-1,o1SToFLOOR,o BLCOK-A,oSANTIoVALLEYoAPARTMENT,oGOTANAGAR,oGUWAHATI-781011,o P.S.oJALUKBARI,o DIST.oKAMRUPo(M),oASSAM 2:oDIPIKAoKUMARI oW/OoMRINALoMEDHIo R/OoFLAToNO.oC-1 o1SToFLOOR o BLOCK-A oSANTIoVALLEYoAPARTMENT oGOTANAGAR o GUWAHATI-781011o P.S.oJALUKBARIo DIST.oKAMRUPo(M) oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.BYoTHEoSTATEoOFoASSAM AdvocateoforotheoPetitionerooooo:oMS.oAoRANAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA