Shiv Sankar Chowdhury v. The State of Assam

ORDER

30.01.2024

Heard Mr. K. Singha, learned counsel for the petitioner. Also heard Ms. A. Begum, learned Addl. Public Prosecutor, appearing for the State of Assam. Page No.# 2/3

This is an application under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail in respect of the accused / petitioner, namely, Shri Shiv Sankar Chowdhury who is apprehending arrest in connection with Kharupetia P.S. Case No. 208/2023 registered under Sections 325/307/427/379/34 of the IPC.

The Case Diary as called for is placed before this Court. It may be mentioned that vide order dated 08.12.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to the following conditions.

Ms. A. Begum, learned Addl. Public Prosecutor, Assam submits that the Case Diary shows that the petitioner appeared before the Investigating Officer and got his statement recorded under Section 161 of the Cr.P.C. as per the interim pre-arrest bail granted earlier. She further submits on the basis of the enquiry report available in the Case Diary that the injury sustained by the victim is simple in nature. This Court finds that custodial interrogation of the petitioner may not be required in the interest of the ongoing investigation into the case. Accordingly the interim pre-arrest bail granted to the order dated 08.12.2023 is hereby made absolute subject to the following conditions.

(i) That the petitioner shall cooperate with the investigation as and when required. Page No.# 3/3

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to the any Police Officer. Return the case diary. This disposes of the anticipatory bail application. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010275322023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4128/2023 SHIV SANKAR CHOWDHURY S/O SRI GOPAL CHOWDHURY R/O WARD NO. 6, NATUN PATTY, P.S. KHARUPETIA DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. K SINGHA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI