Gauhati High Court
Dip Gogoi And Anr vs The State Of Assam on 19 February, 2019
Page No.# 1/2
GAHC010003962019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 81/2019
1:DIP GOGOI AND ANR.
S/O. ANIL GOGOI, R/O. FURKATING NAGAR, P.O. AND P.S. GOLAGHAT,
DIST. KARBI ANGLONG, ASSAM-785621.
2: SARAT BHUYAN
S/O. JITEN BHYAN
R/O. GAUTAM BASTI
P.O. AND P.S. KHATKHATI
DIST. BARBI ANGLONG
ASSAM-782480
VERSUS
1:THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. R DEV
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 19-02-2019 By this application under Section 438 Cr.PC, the petitioners, namely, 1. Sri Dip Gogoi and 2. Sri Sarat Bhuyan have prayed for pre-arrest bail, apprehending arrest in connection with Bokajan P.S. Case No. 268/2018 (GR No. 1309/18) under Section 379/411 IPC.
Page No.# 2/2 Heard Mr. R. Dev, learned counsel for the petitioner and Mr. N.K. Kalita, learned Additional Public Prosecutor for the state respondent.
Case diary called for is received and perused.
As per the allegation made in the FIR, on 08.12.2018, the Forest officials seized 5 numbers of trucks suspecting that those trucks were transporting coal illegality. The present petitioners were the drivers of two of the trucks. It appears from the case diary that the owners of the trucks were already interrogated by police. The materials in the case diary does not justify custodial interrogation of the petitioners and therefore, the prayer for pre-arrest bail of the petitioners is allowed. Accordingly, it is hereby provided that, if the petitioners are arrested, in connection with aforementioned case, 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 petitioner shall appear before the Investigating Officer within 10 days and co-operate with the investigation.
2. 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.
The bail application is disposed of.
Return the case diary.
JUDGE Comparing Assistant