Pragyan Chutia v. The State of Assam

ORDER Date : 07-03-2024

Heard Mr. S. Borthakur, learned counsel for the appellant. Also heard Mr. K.K. Parasar, learned Addl. P.P. Assam, appearing for the State respondent. This is an application under Section 438 of the Code of Criminal Page No.# 2/3 Procedure, 1973, praying for granting Anticipatory Bail to the petitioner, i.e. Pragyan Chutia, who is apprehending arrest in connection with Dibrugarh P.S. Case No. 468/2023 registered under section 376/493/325 of IPC. Case diary as called for is placed before this Court. It may be mentioned that vide order dated 12.12.2023, this Court has granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. K.K. Parasar, learned Addl. P.P. submits that the case diary shows that the petitioner has appeared before the Investigating Officer and his statement has been recorded under section 161 Cr.P.C. as per the interim pre-arrest bail granted earlier. There is also no adverse report against the petitioner from the I.O. Hence, this Court finds that custodial interrogation of the petitioner may not be required in the interest of ongoing investigation in the case. Accordingly, the interim pre-arrest bail granted to the above named petitioner vide order dated 12.12.2023 is hereby made absolute, subject to the following conditions:

¶1That the petitioner shall co-operate with the investigation as and when required.

¶2The petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from deposing against the petitioner in the pending trail. Return the case dairy. Page No.# 3/3 In terms of above, this Anticipatory Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010280032023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4173/2023 PRAGYAN CHUTIA S/O JATIN CHUTIA R/O BAHONI GAON P.O. AND P.S. TINGKHONG DIST. DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI