Gauhati High Court
Page No.# 1/4 vs Page No.# 2/4 on 23 September, 2022
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/4
GAHC010193682022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2808/2022
SANTOSH ROY AND 2 ORS
S/O LATE DHANESWAR ROY
RESIDING AT
HOUSE NO. 38, AMBARI, FLYOVER,
P.O. SILPUKHURI, P.S. LATASIL
GUWAHATI-781003, DIST. KAMRUP (M), ASSAM
2: PRATIMA ROY
W/O SANTOSH ROY
RESIDING AT
HOUSE NO. 38
AMBARI
FLYOVER
P.O. SILPUKHURI
P.S. LATASIL
GUWAHATI-781003
DIST. KAMRUP (M)
ASSAM
3: NISHI BALA ROY
W/O LATE DHANESWAR ROY
RESIDING AT
HOUSE NO. 38
AMBARI
FLYOVER
P.O. SILPUKHURI
P.S. LATASIL
GUWAHATI-781003
DIST. KAMRUP (M)
ASSA
VERSUS
Page No.# 2/4
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR S N SARMA SENIOR ADVOCATE
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
23.09.2022 Heard Mr. S.N. Sarma, learned senior counsel assisted by Ms. S. Phukan, learned counsel for the petitioners as well as Mr. D.P. Goswami, learned APP for the State.
The petitioners, namely, (1) Santosh Roy, (2) Pratima Roy and (3) Nishi Bala Roy who are apprehending arrest in connection with Dhubri P.S. Case No. 258/2022 corresponding to GR No.855/2022 under section 120(B)/302/34 I.P.C., has filed this application under section 438 Cr.P.C., for pre-arrest bail.
Let the case diary along with the post mortem report be produced on 04.11.2022.
The learned senior counsel for the petitioner has prayed for interim pre- arrest bail, which is opposed by the learned APP.
Having regard to the contents of the FIR dated 10.05.2022, that the informant has suspected that his daughter did not commit suicide but has been murdered on 09.05.2022. However, in the FIR, the address of the husband of the victim has been mentioned to be Dhubri, and it is projected by the learned Page No.# 3/4 senior counsel for the petitioners that the petitioners are residing in Guwahati though the petitioner no.1 is the brother of the main accused.
The learned senior counsel for the petitioners has submitted that after the main accused was granted default bail by order dated 10.08.2022 passed by the learned Chief Judicial Magistrate, Dhubri at that time police were searching for the petitioners and he has also submitted that the petitioners have not received any previous notice from the IO to appear before him.
Considering the said submissions, the Court is inclined to grant interim pre-arrest bail to the petitioners, namely, (1) Santosh Roy, (2) Pratima Roy and (3) Nishi Bala Roy in connection with Dhubri P.S. Case No. 258/2022, on their furnishing bail bond of Rs.40,000/- (Rupees forty thousand only) each with one surety of like amount to the satisfaction of the arresting officer.
The interim pre-arrest bail is granted on the following conditions:
1. The petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required.
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 Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.
3. The petitioners shall not obstruct the smooth progress of the investigation/trial.
4. The petitioners shall not misuse their liberty in any manner.
Page No.# 4/4
5. The petitioners shall not jump over the bail.
6. The petitioners shall appear before the IO of the aforesaid case within a period of 7(seven) days from today.
List the matter on 04.11.2022 for production of case diary.
JUDGE Comparing Assistant