Pinkee Tamuli v. The State of Assam

ORDER

17.07.2024

Heard Mr. P. Dutta, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State. By this application under Section 438 of Code of Criminal Procedure, 1973, the petitioner, namely Pinkee Tamuli has approached this Court seeking the benefit of pre-arrest bail, apprehending her arrest, in connection with Dhakuakhana P.S. Case No. 19/2024 (corresponding to G.R. Case No. 23/2024) registered under sections Page No.# 2/2 406/420 of IPC. This Court vide order dated 30.04.2024 has granted interim protection to the petitioner while, calling for case diary. The learned counsel for the petitioner submits that after grant of interim protection by this Court under its order dated 30.04.2024, the petitioner appeared before the I.O and got her statement recorded. The learned Additional Public Prosecutor for the state has vehemently objected to the prayer of bail. It is contended that sufficient incriminating materials are there against the petitioner. The case diary is received. Perused the same. Considered the material available on record, it is seen that the petitioner has fully cooperated with the investigation. After perusal of the material so far collected by the investigating officer, this Court is of the view that the custodial detention of the petitioner may not be necessary in this case inasmuch as the investigation has substantially been progressed. Therefore, in the totality of the matter, the interim protection granted under order dated 30.04.2024 is made absolute with the same terms and condition. Accordingly, this bail application stands disposed of. Return back the case dairy.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010084062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1101/2024 PINKEE TAMULI DAUGHTER OF JITEN TAMULI, RESIDENT OF VILLAGE- GHANHI, P.O AND P.S- DHAKUAKHANA, DISTRICT-LAKHIMPUR, PIN- 787055 ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY