Shiba Hansh @ Siba Hans v. State of Assam

ORDER Date : 26-06-2024 Heard Mr. D Kalita learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. PP, Assam. By this application under Section 438 Cr.P.C., the petitioner, namely, Shiba Hansh @ Siba Hans has prayed for pre arrest bail who is apprehending arrest in connection with Tinsukia PS Case No.122/2024 Page No.# 2/2 corresponding to GR Case No.240/2024 under sections 120(B)/406/420 IPC read with sections 13 & 14 of Game and Betting Act (Assam), 1970. Case diary called for is received and perused. This court vide order dated 31.05.2024 granted interim bail to the petitioner while calling for the case diary. The case diary is received and same is perused. From the materials available on record, it is seen that the petitioner has cooperated with the investigation and his statement was also recorded. It is submitted by the learned counsel for the petitioner that the co-accused have already been granted bail by this court in AB No.1287/2024 vide order dated 11.06.2024. Mr. M.P. Goswami learned Addl. PP has vehemently objected to the prayer of bail. The materials so far collected by the investigating officer against the above named petitioner, in the considered opinion of this court, do not warrant custodial interrogation of the petitioner in this case, inasmuch as, the petitioner has co-operated with the investigating authority and there is no allegation that he tried to hamper and tamper with the investigation. Therefore, in the totality of the matter, the interim protection granted under order dated 31.05.2024 is made absolute with the same terms and conditions. The pre-arrest bail application stands disposed off. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010106642024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1397/2024 SHIBA HANSH @ SIBA HANS S/O SRI KISHAN HANSH, R/O UDAYPUR, SRIPURIA, P.S. AND DIST- TINSUKIA, ASSAM, PIN-786125 VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY