Bhaskar Baruah v. The State of Assam

ORDER Date : 15.05.2024

Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioner, namely, Bhaskar Baruah, apprehending arrest in connection with ACB P.S. Case No. 31/2024, registered under Section 120(B) of IPC r/w Section 7(a) of P.C. Act, 1988 (as amended in 2018). Mr. Khan, learned counsel for the petitioner submits that the petitioner has appeared before the Investigating Police Officer as per direction of this Court and his statement has already been recorded after he was granted interim protection. He has not misused the liberty granted to him; rather, he co-operates with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioner may be made absolute. Mr. Baruah, learned Additional Public Prosecutor for the State submits that the petitioner may appear before the investigating officer as and when called for. It is also submitted that the statement of petitioner has already been recorded by the investigating officer. I have considered the submission made by the learned counsel for the parties and also perused the case diary. It appears that the petitioner has not misused the liberty granted to him while availing interim protection. It is directed to the petitioner to appear before the investigating officer as and when called for. Considering all, this Court is of the view that the petitioner deserve to be granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order dated 04.04.2024, is made absolute on the same terms and conditions, as reflected. Page No.# 3/3 The petition stands disposed of accordingly. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010068742024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/888/2024 BHASKAR BARUAH S/O LATE PATI RAM BARUAH, R/O VILL- BAR-ATHIABARI, P.S.-SIPAJAR, DIST-DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI