Prafulla Pator and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010252122023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3848/2023o PRAFULLAoPATORoANDoANRo S/OoLATEoLAMBARoPATORo R/OoVILL-oGAGRAo P.O.oBELTO,oP.S.oJAGIROADo DIST.oMORIGAON,oASSAM,o PIN-782001 2:oSRIoANANTAoPATOR oS/OoLATEoPHANIRAMoPATORo R/OoVILL-GAGRAo P.O.oBELTO oP.S.oJAGIROAD o DIST.oMORIGAON oASSAMo PIN-78200o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoLEARNEDoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoDoKoDASo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoKAUSHIKoGOSWAMI ORDERo Page No.# 2/3

22.01.2024

Heard Mr. D.K. Das, learned counsel appearing for the petitioners. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973 for granting anticipatory bail to the petitioners, namely 1) Prafulla Pator and 2) Ananta Pator in connection with Jagiroad P.S. Case No.181/ 2023 under Sections 302/34 of the IPC.

¶3The case diary as called for is placed before the Court.

¶4It may be mentioned that by order, dated 16.11.2023, this Court granted the privilege of interim pre-arrest bail to the petitioners subject to conditions.

¶5Mr. P. Borthakur, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioners appeared before the investigating officer and got their statements recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. He further submits that one of the co-accused persons has named the present petitioner.

¶6I have considered the submissions made at the bar and perused the materials available on record including the case diary. It appears that the investigation has substantially progressed and statements of the petitioners have already been recorded. This Court finds that further custodial interrogation of the petitioners may not be necessary.

¶7Accordingly, the interim pre-arrest bail granted vide order, dated 16.11.2023 is hereby made absolute, subject to the following conditions-

(i) That the petitioners shall co-operate in investigation as and when Page No.# 3/3 required; and

(ii) That the petitioners 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.

¶8Return the case diary.

¶9This disposes off the anticipatory bail application.

JUDGE Comparing Assistant