Deba Kakoty v. The State of Assam

Order

26.02.2024

¶1Heard Mr. B. K. Mahajan, the learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

¶2By this application under Section 438 Cr.P.C., the petitioner, namely, Deba Page No.# 2/3 Kakoty is seeking pre-arrest bail in connection with Demow Police Station Case No. 60/2023 registered under Sections 387/306/34 of IPC. Earlier also the petitioner approached this court and this court under its order dated 19.10.2023 passed in AB 3513/2023 rejected the prayer of the petitioner for grant of anticipatory bail. Subsequently, the present bail application is filed.

¶3While considering the second bail application, this court vide order dated

22.12.2023 had granted interim protection to the petitioner and called for the case diary.

¶4The case diary as called for has been received. Perused the same.

¶5The investigation has substantially progressed. Case diary reveals that the petitioner has appeared before the Investigating Officer after the interim protection was granted by this Court under its order dated 22.12.2023 and recorded his statement and co-operated with the investigation.

¶6Considering the material so far collected, stage of investigation and considering the fact that the petitioner had appeared before the Investigation Officer and co-operated with the investigation, in the considered opinion of this court, no custodial interrogation of the petitioner shall be required at this stage. This court has also considered that the material so far collected reveals that the victim committed suicide on 03.10.2023, the petitioner inspected the school on 27.06.2023 and show cause notice was issued to the deceased on 07.07.2023. Such material suggests that there is no approximity between issuance of show Page No.# 3/3 cause and the cause of death.

¶7Therefore, in the totality of the matter, the interim protection granted under order dated 22.12.2023 is made absolute with the same terms and conditions.

¶8Accordingly, this bail application stands disposed of.

¶9While parting with the record, it is made clear that the observation made hereinabove is only for the purpose of consideration of the bail and same shall not influence the investigation or the trial in the event of any charge-sheet is filed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010262802023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3963/2023 DEBA KAKOTY S/O LT HARI CHARAN KAKOTY R/O DEMOW SANTIPUR P.O. AND P.S. DEMOW DIST. SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY