Manab Kr Kalita v. The State of Assam

ORDER

16.10.2023 Heard Mr. J. Kalita, learned counsel for the applicant and also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/3

¶2This application, under Section 438 Cr.P.C. is preferred by the applicant, namely, Manab Kr. Kalita, who has been apprehending arrest in connection with Dispur P.S. Case No.1761/2023, under Section 408 IPC, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by Dr. Prajnan Kalilta, Santanu Bhattacharjee and Dr. Dibyaratna Patgiri on 07.09.2023. The essence of allegation made in the aforesaid FIR is that one Ariful Islam, Raju Das and Manab Kumar Kalita, who are employees in the pharmacy of Hayat Hospital, have committed theft of cash ` 10,000/- to ` 15,000/- and also manipulated the stock of the pharmacy.

¶4Mr. Kalita, learned counsel for the applicant submits that the applicant was working as the Assistant of the Pharmacist and he is no way involved with the offence alleged in the FIR and that he had appeared before the I.O. on two occasions and has been cooperating with the investigating agency and he is also ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶5On the other hand, Mr. K. Baishya, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the I.O. has examined as many as 4 witnesses and also recorded the statement of the applicant on two earlier occasions.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Baishya, learned Additional P.P.

¶7The case diary indicates that the applicant was earlier interrogated by the Investigating Officer and his statement is also recorded and in view of above and also in view of the nature and gravity of the offence, custodial interrogation of the present Page No.# 3/3 applicant seems to be not warranted here in this case and therefore, this Court is inclined to grant the privilege of pre-arrest bail to the applicant. Accordingly, it is provided that in the event of arrest of the applicant, namely, Manab Kr. Kalita, in connection with Dispur P.S. Case No.1761/2023, under Section 408 IPC, he shall be released on pre-arrest bail on his executing a bond of ` 50,000/-with one surety of the like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:-

(i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) The applicant 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; and

(iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Kamrup(M), without prior permission

¶8In terms of above, this anticipatory bail application stands disposed of. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010225892023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3439/2023 MANAB KR KALITA S/O MOHAN KALITA R/O VILL- NARPARA P.S. GHAGRAPAR DIST. NALBARI, ASSAM PIN-781350 VERSUS THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. J KALITA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN