Bhuban Chandra Das v. The State of Assam

ORDER

13.06.2024 Heard Mr. S.Bora, learned counsel for the petitioner. Also heard Mr. B.B.Gogoi, learned Addl. Public Prosecutor for the State respondent.

¶2This is an application under Section 438 of CrPC, 1973 seeking Anticipatory Bail to the accused petitioner i.e. Sri Bhuban Chandra Das, who is Page No.# 2/3 apprehending arrest in connection with Pathsala Police Station Case No. 15/2024 registered under Section 120(B)/409/468/471 of IPC.

¶3The Case Diary as called for is placed before the Court.

¶4Pertinent that by Order dated 10.04.2024, the petitioner was granted the privilege of interim pre-arrest bail subject to the conditions thereof.

¶5Mr. B.B.Gogoi, learned Addl. PP submits that the petitioner has appeared before the Investigating Officer in terms of the Order passed earlier by this Court. He further submits that the statement of the petitioner has been recorded under Section 161 CrPC by the Investigating Officer.

¶6It appears that the petitioner has cooperated with the investigation.

¶7In view of the facts and circumstances of the case, this Court is of the considered view that custodial interrogation may not be necessary for the ongoing investigation.

¶8As such, the interim pre-arrest bail granted earlier by this Court by Order dated 10.04.2024 is hereby made absolute subject of course to the following conditions:-

i) That the petitioner shall fully cooperate with the investigation of the case and shall appear before the Investigating officer as and when required in connection with the investigation of the aforesaid PS Case; 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 accused or suspected of commission. With the above observations and directions, the Anticipatory Bail Page No.# 3/3 Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010075752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/980/2024 BHUBAN CHANDRA DAS S/O SARBESHWAR DAS, P/R/O VILL- UPARNOI, P.S.-PATACHARKUCHI, DIST-BAJALI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S BORA Advocate for the Respondent : PP, ASSAM B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI