Tarun Kumar Seal v. The State of Assam

ORDER Date : 13.05.2024

Heard Mr. S. Bora, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Tarun Kumar Seal, apprehending arrest in connection with BI(EO) P.S. Case No. 02/2016 registered u/s 120(B)/420/409/468/471 of the IPC. The Case diary, as called for, is placed before the Court. Page No.# 2/2 It may be mentioned that by order, dated 18.03.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner. Mr. D. Das, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the Investigating Officer and got his statement recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. On perusal of the case diary, it is seen that there is no adverse report against the petitioner from the I.O., and, as such, this Court is of the view that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case. Therefore, the interim pre-arrest bail granted vide order, dated 18.03.2024 is hereby made absolute, subject to the following conditions-

(i) That the petitioner shall co-operate in investigation as and when required; and

(ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer,

(iii) That the petitioner shall refrain from committing any similar offences in future, of which he is suspected of commission. Return the case diary. This disposes off the anticipatory bail application. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010055012024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/709/2024 TARUN KUMAR SEAL S/O LATE BENOY KUMAR SEAL, R/O RAJWADA BLUES, FLAT NO. 1G, FIRST FLOOR, 482, S.N. GHOSH AVENUE, KOLKATA, WEST BENGAL-700103 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S K JAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI