Pinku Ghosh @ Prasenjit Ghosh vs The State Of Assam on 14 September, 2023

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Gauhati High Court

Pinku Ghosh @ Prasenjit Ghosh vs The State Of Assam on 14 September, 2023

Bench: Ajit Borthakur

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GAHC010201042023




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

                                    Case No. : AB/3123/2023

            PINKU GHOSH @ PRASENJIT GHOSH
            S/O BABUL GHOSH
            R/O VILL- GOPAL NAGAR
            PO. KHARUPETIA
            P.S. KHARUPETIA
            DIST. DARRANG, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM


Advocate for the Petitioner   : MR M HOQUE

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                            ORDER

Date : 14.09.2023 Heard Mr. M Haque, learned counsel for the petitioner. Also Heard Mr. D. P. Goswami, learned Addl. Public Prosecutor, Assam for the State respondent.

This petition under Section 438 Cr.P.C., is filed for granting privilege of pre-arrest bail to the petitioner, namely Pinku Ghosh @ Prasenjit Ghosh, apprehending arrest in connection Page No.# 2/3 with Kharupetia P.S. Case No. 115/2023 u/s 120B/420 of the IPC r/w Sections 14/15 of Assam Game & Betting Act.

The FIR reveals the allegation of involvement of the accused petitioner along with other co-accused persons in IPL Cricket betting and gambling through mobile phones.

Having heard the learned counsel for the parties and on perusal of the FIR, averments made in the petition along with documents annexed, this Court finds prima facie incriminating materials against the petitioner.

However, in the overall backdrop of facts and circumstances in the case, this Court is of the opinion that custodial interrogation of the petitioner may not be necessary in the interest of investigation in the case.

Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 30,000/- with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer within 7 days, failing which on and from the 8 th day, this pre-arrest bail order shall have no force;

(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;

(iii) That the petitioner shall refrain from committing any similar mistake/offence in future.

Breach of any of the above conditions shall render cancellation of pre-arrest bail order in accordance with law.

This disposes of the anticipatory bail application.

JUDGE Page No.# 3/3 Comparing Assistant

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