Gauhati High Court
Hemakanti Devi vs The State Of Assam on 16 December, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/2
GAHC010179572021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3637/2021
HEMAKANTI DEVI
W/O LATE MANGAL SINGH NATH
R/O MATHARBORI
P.O. RAMJUNGATI, P.S.RAHA
DIST. NAGAON, ASSAM, PIN-782103
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P K MAZUMDAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
16.12.2021 Heard Mr. P.K. Mazumdar, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely Hemakanti Devi, apprehending arrest Page No.# 2/2 in connection with Raha P.S. Case No. 300/2021 registered u/s 494/326/307/202/506/447/354/509/382/34 of the IPC.
The Case diary, as called for, is placed before the Court.
It may be mentioned that by order, dated 08.11.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.
Perusal of the case diary reveals no prima facie sufficient incriminating material against the petitioner, who is aged about 63 years old, requiring his custodial interrogation. In terms of the interim pre-arrest bail granted earlier, the petitioner has appeared before the I.O. and got his statement recorded u/s 161 Cr.P.C.
Therefore, the interim pre-arrest bail granted vide order, dated 08.11.2021 is hereby made absolute, subject to the following conditions-
(i) That the petitioner shall co-operate in investigation as and when required; and
(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.
Return the case diary.
This disposes of the anticipatory bail application.
JUDGE Comparing Assistant