Ashini Kumar Patar and Anr v. The State of Assam

ORDER Date : 19.03.2024

Heard Mr. D. Talukdar, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the Page No.# 2/3 State of Assam. This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioners, namely, Ashini Kumar Patar and Rinku Das, apprehending arrest in connection with Chandmari P.S. Case No. 25/2024, registered under Section 120B/379/411 IPC r/w Section 7 of Essential Commodities Act. Mr. Talukdar, learned counsel for the petitioners submits that the petitioners have appeared before the Investigating Police Officer as per direction of this Court and their statements have already been recorded after they were granted interim protection. They have not misused the liberty granted to them; rather, they co-operate with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioners may be made absolute. Mr. Goswami, learned Additional Public Prosecutor for the State submits that the petitioners may appear before the investigating officer as and when called for. As the statement of petitioners have already been recorded by the investigating officer and as such, their custodial interrogation may not be required. I have considered the submission made by the learned counsel for the parties and also perused the case diary. It appears that the petitioners have not misused the liberty granted to them while availing interim protection. It is directed to the petitioners to appear before the investigating officer as and when called for. Considering all, this Court is of the view that the petitioners deserve to be granted the privilege of pre-arrest bail. Page No.# 3/3 Accordingly, the interim protection granted to the petitioners vide order dated 21.02.2024, is made absolute on the same terms and conditions, as reflected. The petition stands disposed of accordingly. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010035042024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/413/2024 ASHINI KUMAR PATAR AND ANR. S/O LATE LAKHAN CHANDRA PATAR R/O YUBAJYOTI NAGAR, 2 NO. MATHGHARIA UNDER NOONMATI POLICE STATION, GUWAHATI-781020, IN THE DISTRICT OF KAMRUP (M), ASSAM 2: SRI RINKU DAS S/OLATE PARESH DAS R/O 2 NO. MATHGHARIA NEAR NAMGHAR UNDER NOONMATI POLICE STATION GUWAHATI-20 IN THE DISTRICT OF KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR D TALUKDAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI