Bibekananda Choudhury vs The State Of Assam on 30 September, 2020

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Gauhati High Court

Bibekananda Choudhury vs The State Of Assam on 30 September, 2020

Bench: Ajit Borthakur

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GAHC010110702020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : AB 2061/2020

            1:BIBEKANANDA CHOUDHURY
            S/O LT. KANDARPA KR. CHOUDHURY, R/O HOUSE NO 22, TARAJAN, NEAR
            HANUMAN MANDIR, CHOLADHARA, P.S. JORHAT, DIST. JORHAT, ASSAM,
            PIN-785001

            VERSUS

            1:THE STATE OF ASSAM
            REP. BY THE PP, ASSAM

Advocate for the Petitioner   : MR. B CHAKRABORTY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

Date : 30-09-2020 Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also Heard Mr. B.J. Dutta, 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 Bibekananda Choudhury, apprehending arrest in connection with Geetanagar P.S. Case No. 65/2020 registered u/s 418/500/406/34 of the IPC.

The Case diary, as called for, is placed before the Court.

It may be mentioned that by order, dated 27.08.2020, this Court granted the privilege of Page No.# 2/2 interim pre-arrest bail to the petitioner.

It is submitted that the petitioner could not appear before the investigating officer in terms of the interim pre-arrest bail order, dated 27.08.2020 as he had to undergo surgical intervention for certain disease at Hyderabad.

In view of the above, the interim pre-arrest bail granted vide order, dated 27.08.2020 is hereby made absolute, subject to the following conditions-

(i) That the petitioner shall appear before the investigating officer within 15 days and give his statement failing which, the anticipatory bail order shall automatically stand cancelled.

(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.

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