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2025 DAILYLAW 20983 (GAU)

BIKASH SARKAR v. THE STATE OF ASSAM

AB/3701/2023 · 2025-01-06

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010247622023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3701/2023 BIKASH SARKAR S/O SIBU SARKAR, R/O H. NO. 31, AMBARI TINIALI, RAM KRISHNA PATH ASSAM, P.S.-FATASIL AMBARI, KAMRUP (M), GUWAHATI VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A GOYAL, MR. A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 07.01.2025 Heard Mr. A. Goyal, learned counsel for the petitioners. Also Heard Mr. D. Das, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre- arrest bail to the petitioner, namely Bikash Sarkar, apprehending his arrest in connection with Basistha P.S. Case No. 268/2023 registered u/s 120(B)/409/423/336 of IPC. The Case diary, as called for, is placed before the Court. Page No.# 2/2 It may be mentioned that by order, dated 20.12.2023, this Court granted the privilege of interim pre-arrest bail to the petitioners. Mr. D. Das, 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. as per the interim pre arrest bail granted earlier. There is no adverse report against the petitioners from the I.O. Therefore, the interim pre-arrest bail granted vide order, dated 20.12.2023 is hereby made absolute, subject to the following conditions- (i) That the petitioner shall co-operate in investigation as and when required; (ii) That the petitioner 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; and (iii) That the petitioner shall not hamper or tamper with the investigation in any manner. Return the case diary. This disposes off the anticipatory bail application. JUDGE Comparing Assistant