Jugal Saikia and 3 Ors v. The State of Assam

ORDER Date : 01.03.2024

Heard Mr. J. C. Gogoi, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 438 of the Code of Criminal Procedure, 1973, for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Gohpur P.S. Case No. 17/2024, under Sections 341/364(A) /394/34 of the Indian Penal Code (corresponding G.R. Case No. 128/2024)

The Case Diary has been received and I have perused the same.

It is submitted by Mr. Gogoi, learned counsel for the petitioners, that the petitioners are innocent and they are not at all involved in the alleged offence. After obtaining the interim pre-arrest bail, they have already appeared before Page No.# 3/3 the I.O. and their statements have also been recorded under Section 161 Cr.P.C. They are still ready and willing to co-operate with the I.O. in the further investigation of the case if they are granted with the privilege of pre-arrest bail.

In this context, Mr. P. Borthakur, learned Additional Public Prosecutor, has submitted that all the accused/petitioners had already appeared before the I.O. after obtaining the interim pre-arrest bail and co-operated in the investigation of the case. Further he submitted that considering the materials available in the Case Diary, their pre-arrest bail prayer may be considered.

Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary, I am of the view that that custodial interrogations of the accused/petitioners are not necessary in the interest of investigation and accordingly, the interim pre-arrest bail granted by this Court, vide order dated 21.02.2024, 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 GAHC010033222024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/416/2024o JUGALoSAIKIAoANDo3oORS.o S/OoLATEoTANKESWARoSAIKIAo R/OoVILL-oKAMALABORIAo P.O.oPHUKANARHAT,oP.S.oPANIGAONo DIST.LAKHIMPUR,oASSAM 2:oSRIoBHUPENoSAIKIA oS/OoLATEoMADHURAMoSAIKIAo R/OoWARDoNO.o6 oNAKARI oNORTHoLAKHIMPUR o P.O.oANDoP.S.oNORTHoLAKHIMPURo DIST.oLAKHIMPUR oASSAM 3:oSRIoMANASHoJYOTIoSARMAH oS/OoLATEoRAMAKANTAoSARMAHo R/OoVILL-oGHARMARAoSATRAo P.O.oGHARMARA oP.S.oNORTHoLAKHIMPUR o DIST.oLAKHIMPUR oASSAM 4:oSRIoPHULAKoSAIKIA oS/OoLATEoTANKESWARoSAIKIAo R/OoVILL-oKAMALABORIAo P.O.oPHUKANARHAToP.S.oPANIGAON o DIST.oLAKHIMPUR oASSAo VERSUSo Page No.# 2/3 THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA