Janmoni Das v. The State of Assam

ORDER

04.03.2024 Heard Mr. G. Phukan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P, Assam. This is an application under Section 438 of Cr.PC for granting pre-arrest bail to the petitioner, namely Sri Janmoni Das in connection with Teok P.S. Case No. 181/2023 registered under Sections 341/326 of IPC. The Case Diary as called for is placed before the Court. It may be mentioned that by the Order dated 08.02.2024, this Court granted the privilege of interim pre-arrest bail subject to the conditions. Mr. P. Borthakur, learned Addl. P.P submits that the Case Diary shows that the petitioner appeared before the Investigating Officer and got his statement recorded under Section 161 Cr.PC as per the interim pre-arrest bail granted earlier. There is no adverse report against the petitioner from the Investigating Officer. The injury report indicates that the injuries sustained by the victim are simple in nature. This Court finds that custodial interrogation of the petitioner may not be required in the interest of the on-going investigation. Accordingly, the interim pre-arrest bail granted by the Order dated

08.02.2024 is hereby made absolute, subject to the following conditions:-

(i) That the petitioners shall cooperate in the on-going Page No.# 3/3 investigation.

(ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts to the Court or to any Police Officer. Return the Case Diary. This disposed of the anticipatory bail application.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010025872024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/288/2024o JANMONIoDASo R/OoVILL-oNATUNoMELENGoGAONo P.S.oTEOK,o DIST.oJORHAT,oASSAM VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPPoASSAM AdvocateoforotheoPetitionerooooo:oMRoGoPHUKANo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI