Sanjay Sah and Anr v. The State of Assam

ORDER

08.05.2024

Heard Mr. A. R. Shome, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned 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/petitioners, who are apprehending arrest in connection with Sonari P.S. Case No.06/2024 under Section 395 of the Indian Penal Code. The Case Diary has been received and I have perused the same. It is submitted by the learned counsel for the petitioners, Mr. Shome, that after obtaining the interim pre-arrest bail, the petitioners appeared before the I.O. and their statement has been recorded under Section 161 of Cr.P.C. More so, as they have already co-operated with the I.O. and also considering the nature of offence, their custodial interrogation is not at all necessary in this case and accordingly, it is prayed to make the interim pre-arrest bail order absolute. In this context, the learned Additional Public Prosecutor, Mr. Parasar, has submitted that the petitioners have already appeared before the I.O. and they co-operated in the investigation of the case. However, he submitted that no inquiry report is available in the Case Diary, though, the allegation of assault is also brought in the FIR. After hearing the submissions made by the learned counsels of both sides and also considering the entire aspects of the case, nature of allegation as well Page No.# 3/3 as the conduct of the accused/petitioners, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioners. Accordingly, the interim pre-arrest bail order, granted to the accused/petitioners vide order dated

14.03.2024, is hereby made absolute with a direction to the accused/petitioners to co-operate with the I.O. in further investigation of the case.

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

The Case Diary be sent back.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010052832024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/680/2024o SANJAYoSAHoANDoANRo S/OoKANCHANoSAH,oR/OoTIOKoRAJABARI,oSONARI,oP.O.oANDoP.S.-SONARI,o DIST-oCHARAIDEO,oASSAM,oPIN-785690 2:oSMTIoGANGAMONIoSAHo@oGEETAoSAH oW/OoSRIoSANJAYoSAH oR/OoTIOKoRAJABARI oSONARI oP.O.oANDoP.S.-SONARI oDIST-oCHARAIDEO oASSAM oPIN-78569o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoRoSHOMEo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA