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Gauhati High Court

Nabarun Bhattacharjee vs The State Of Assam on 12 September, 2019

Author: Hitesh Kumar Sarma

Bench: Hitesh Kumar Sarma

                                                                                Page No.# 1/2

GAHC010159782019




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

                                    Case No. : AB 2211/2019

            1:NABARUN BHATTACHARJEE
             S/O LATE INDRA KUMAR BHATTACHARJEE
             R/O BONOMALI ROAD
             P.S.
             P.O. AND DIST-KARIMGANJ
            ASSAM


            VERSUS

            1:THE STATE OF ASSAM
            REP BY PP
            ASSAM



            Advocate for the Petitioner : MR. A M BORA
            Advocate for the Respondent : PP
            ASSAM



                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                           ORDER

Date : 12-09-2019 Heard Mr. AM Bora, learned senior counsel assisted by Mr. RR Gogoi, learned counsel for the petitioner as well as Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.

Page No.# 2/2 This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the petitioner, namely, Nabarun Bhattacharjee, in connection with Karimganj PS Case No. 762/2018 registered under Section 420/406/468/471 of the IPC.

Perused the case diary produced before this court.

On perusal of the materials in the case diary, it does not appear to this court that custodial interrogation of the accused-petitioner is essential. On the other hand, the petitioner has been granted bail in connection with other case. Accordingly, the petitioner is granted the privilege of pre-arrest bail.

The petitioner is already on interim pre-arrest bail granted vide order, dated 16.07.2019. There is no instance to indicate that during this period, the petitioner has misused the liberty granted to him while availing interim pre-arrest bail. In the meantime, the petitioner has appeared before the Investigating Police Officer.

In view of the above facts, this court is inclined to grant the privilege of pre-arrest bail to the petitioner, and accordingly, the interim pre-arrest bail granted to the petitioner, on 16.07.2019, is made absolute on the same terms and conditions.

This petition stands disposed of accordingly.

Return the case diary.

JUDGE Comparing Assistant