Jeetendra Mahilary v. The State of Assam

ORDER

25.01.2024

Heard Mr. A.K. Sharma, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned Addl. P.P, Assam. This is an application under Section 438 Cr.PC seeking pre-arrest bail to the petitioner namely, Sri Jeetendra Mahilary in connection with Geetanagar Police Station Case No. 309/2023 under Sections 120(B)/448/468/417/420/406/409 of IPC. The Case Diary as called for is placed before this Court. It may be mentioned by Order dated 22.12.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to the conditions. Mr. K.K. Parashar, learned Addl. P.P submits that the Case Diary shows that the petitioner appeared before the Investigating Officer and got his statement recorded under Section 161 Cr.PC as per the interim pre-arrest bail granted earlier. There is no adverse report against the petitioner from the Investigating Officer. This Court finds that custodial interrogation of the petitioner may not be required in the interest of the on-going investigation into the case. Accordingly, the interim pre-arrest bail granted in the Order dated Page No.# 3/3

22.12.2023 is hereby made absolute, subject to the following conditions:-

(i) That the petitioner shall cooperate in investigation as and when required; and

(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. Accordingly, the application stands disposed of. Return the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010292322023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4359/2023o JEETENDRAoMAHILARYo S/OoLATEoMONIoMAHILARYo VILL-oBELUGURI,oP.O.oDIGARUo P.S.oSONAPURo DIST.oKAMRUPo(M),oASSAMo PHONEoNO.o700811883 VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoKoSHARMAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI