Harekrishna Pathak v. The State of Assam

ORDER

19.04.2024

Heard Mr. M. P. Borah, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor appearing for the State respondent. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioners, namely, Harekrishna Pathak in connection with Mushalpur PS Case No. 28/2024, registered under Page No.# 2/3 Section 420/406/384/506 IPC. It is submitted by the learned counsel for the petitioner that the petitioner is not associated with the instant case. The main accused was granted bail by the learned CJM, Baksa holding the view that on perusal of the case diary and from the investigation so far completed no ingredients of Section 420/406/384 of the IPC are found. In view of the above, the petitioner may be enlarged on bail. On the other hand, Mr. D. P. Goswami, learned Additional Public Prosecutor has produced the case diary and submits that the petitioner is the leading man to recover money. I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. Considering the facts as well as the materials available thereon, this Courts finds that custodial interrogation of the petitioner is not required for the purpose of investigation of the case. Therefore, he may be granted the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 10,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioners:

(a) shall appear before the Investigating Police Officer within ten days Page No.# 3/3 from today and shall co-operate with the investigation;

(b) 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. The anticipatory bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010069892024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/886/2024 HAREKRISHNA PATHAK S/O LATE DHANESWAR PATHAK, R/O VILL- GARAMDEU, P.O.- MUSHALPUR, P.S.-MUSHALPUR, DIST- BAKSA (BTR), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M.P. BORAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI