Bijan Dhar and 2 Ors v. The State of Assam

ORDER Date : 08-09-2023 Heard Mr. JUNM Laskar, learned counsel for the applicants. Also heard Mr. B. Sarma, learned Additional Public Prosecutor representing the State respondent.

¶2This is application filed under Section 438 of the Code of Criminal Procedure, 1973, praying for granting pre-arrest bail to the applicants in connection with Udharbond Police Station Case No. 0161/2022 under Sections 379/411/34 of IPC, read with Section 3/7 of the Essential Commodities Act, 1955.

¶3The Case Diary has been received and I have perused the same.

¶4It is submitted by the learned counsel for the applicants, Mr. JUNM Laskar that the accused/applicants are innocent and no way involved in the alleged offence. He also submits that the applicants after obtaining the interim pre-arrest bail appeared before the I.O. as well as recorded their statements under Section 161 Cr.P.C. and co-operated in the investigation of this case. More so, they are still ready to co-operate the I.O. in further investigation of the case and accordingly, it is prayed to make the interim pre-arrest bail order absolute.

¶5In this context, the learned Additional Public Prosecutor, Mr. B. Sarma, has submitted that from the Note of the I.O., it is revealed that the applicants had already appeared before the I.O. and recorded their statements under Section 161 of Cr.P.C., however, the statements of the accused/applicants are not available in the Case Diary, though, it is reported by the I.O. that their statements are already been recorded. It is further submitted that there are some implication made by the other witnesses against Page No.# 3/3 the present applicants, but, the recovery has already been made and the I.O. has not prayed for any custodial interrogation for the present accused/applicants.

¶6After hearing the submissions made by the learned counsels of both sides; also considering the materials available in the Case Diary as well as Note of the I.O. and considering the entire aspects of the case, nature of allegation as well as the conduct of the accused/applicants, I find that the further custodial interrogation is not necessary here in this case and it is a fit case to extend the privilege of pre-arrest bail to the accused/applicants. Accordingly, the interim pre-arrest bail granted to the accused/applicants vide order dated 27.02.2023, is hereby made absolute on the same terms and conditions.

¶7In terms of above, this anticipatory bail application stands disposed of.

¶8The Case Diary be sent back. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010038352023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/599/2023 BIJAN DHAR AND 2 ORS. S/O LATE GIRIENDRA LAL DHAR R/O VILL- KUMBHIRGRAM T.E. P.S. UDHARBOND DIST. CACHAR, ASSAM PIN CODE- 788031 2: BISWAJIT PAUL S/O LATE AMRIT PAUL VILL- THALIGRAM P.O. THELIGRAM P.S. UDHARBOND DIST. CACHAR ASSAM 3: SUBHOJIT KEOT S/OLATE KRISHNALAL KEOT R/O VILL- KAMBHIRGRAM T.E. P.S. UDHARBOND DIST. CACHAR ASSAM PIN- CODE- 78803 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. JUNM LASKAR Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA