Gauhati High Court
Anand Kumar Soni @ Ananta Kumar Soni vs The State Of Assam on 28 November, 2023
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GAHC010201682023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3095/2023
ANAND KUMAR SONI @ ANANTA KUMAR SONI
S/O DILIP SONI,
VILL.- BEHALI MIKIR, P.O.- SERELIA, P.S.- BEHALI, DIST.- BISWANATH,
ASSAM, PIN- 784167.
VERSUS
THE STATE OF ASSAM
THOUGH P.P., ASSAM.
Advocate for the Petitioner : MR. S RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 28.11.2023 Heard Mr. S. Rahman, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State.
Learned Additional Public Prosecutor has produced the case diary of Behali P.S. Case No. 101/2023 which was called for in connection with this case and has submitted that though on perusal of the case diary, it appears that in pursuant to the directions of this Court, the petitioner has appeared before the Investigating Officer, however, his statements under Section 161 of the Code of Criminal Page No.# 2/3 Procedure are not available in the case diary.
It is also submitted by learned counsel for petitioner that nature of offence involved in this case may require DNA sampling of the present petitioner done for which his cooperation would be required.
On the other hand, learned counsel for the petitioner has submitted that the petitioner was granted interim anticipatory bail by this Court by order dated 16.10.2023 and he is ready to render all cooperation including the DNA sampling, if necessary for the sake of fair investigation.
Considering the submissions made by learned counsel for the petitioner as well as learned Additional Public Prosecutor, the interim anticipatory bail granted to the present petitioner is hereby made absolute with following conditions that:-
i. That the petitioner shall appear before the Investigation Officer as and when so required for the sake of completion of fair investigation of Behali P.S. Case No. 101/2023, ii. That the petitioner shall also render all necessary assistance to the Investigating Officer, if he deems it necessary to do the DNA sampling of the present petitioner for the sake of fair investigation, iii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer before the Investigating Officer.
iv. That the petitioner is directed to appear before the Investigating Officer again within fifteen days from the date of this order with a certified copy of this order to be produced before the Page No.# 3/3 Investigating Officer.
With the above observation, this anticipatory bail application is disposed of.
JUDGE Comparing Assistant