Gauhati High Court
Manik Dev Chouhan And Anr vs The State Of Assam on 14 February, 2020
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GAHC010010522020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 203/2020
1:MANIK DEV CHOUHAN AND ANR.
S/O RAMAYAN CHOUHAN, R/O BADLA BHATA, BOKPARA, LINE NO. 3, P.O.-
DOOMDOOMA, P.S.-DOOMDOOMA, DIST-TINSUKIA, ASSAM, PIN-786151
2: RAVI SHANKAR CHOUHAN
S/O RAJAH CHOUHAN
R/O BASHBARI DIHINGIABASTI
COURT ROAD HIJUGURI
P.O. AND P.S.-TINSUKIA
DIST-TINSUKIA ASSAM
PIN-78615
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. P MAHANTA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 14-02-2020 This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, 1. Sri Manik Dev Chouhan and 2. Sri Ravi Page No.# 2/2 Shankar Chouhan, apprehending arrest in connection with Phillobari PS Case No. 66/2019 under Section 302/342/143 IPC.
Heard Mr. P. Mahanta, learned counsel for the petitioner and Mr. H. Sarma, learned Addl. P.P. for the State of Assam.
Perused the FIR and the documents annexed with the petition including the case diary produced today.
The allegation made in the FIR was that a person was assaulted by a mob suspecting him to be cow lifter, who ultimately succumbed to the injuries.
Learned counsel for the petitioners submits that the petitioners are no way involved in the occurrence narrated in the FIR.
Having considered the materials in the case diary and also that the petitioner has already been interrogated, this court is of the view that custodial interrogation of the petitioner may not be necessary in the interest of investigation. Accordingly, it is provided that in the event of arrest of the petitioners, they shall be released on furnishing a bail bond of Rs. 20,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions.
1. The petitioners shall appear before the Investigating Officer within 15 days and co-operate with the investigation.
2. The petitioners 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.
Bail application is disposed of.
Return the case diary.
JUDGE Comparing Assistant