Bipul Ch Roy v. The State of Assam

ORDER Date : 25.07.2024

Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. H. Ali, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam. By this petition filed under Section 482 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023, the petitioner, namely, Bipul Ch Roy, has prayed for granting pre-arrest bail, apprehending arrest in connection with Abhayapuri P.S. Case No. 377/2023 under Section 420/468/471 IPC added Section 66(C)/66(D) of I.T. Act. Mr. Choudhury, learned Senior counsel for the petitioner submits that the petitioner has appeared before the Investigating Police Officer as per direction of this Court and his statement has already been recorded after he was granted interim protection. He has not misused the liberty granted to him; rather, he co-operates with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioner may be made absolute. Mr. Baruah, learned Additional Public Prosecutor for the State submits that the petitioner may appear before the investigating officer as and when called for. It is also submitted that the statement of petitioner has already been recorded by the investigating officer. I have considered the submission made by the learned counsel for the parties and also perused the case diary. It appears that there is no specific allegation against the petitioner and he has not misused the liberty granted to him while availing interim protection. It is directed to the petitioner to appear before the investigating officer as and when called for. Considering all, this Court is of the view that the petitioner deserves to be granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order dated 10.10.2023, is made absolute on the same terms and conditions, as reflected. Page No.# 3/3 The petition stands disposed of accordingly. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010226622023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3441/2023 BIPUL CH ROY S/O HARENDRA NATH ROY R/O JYOTI GAON BARPETA TOWN P.S BARPETA DIST BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI