✦ Gauhati High Court

ABHIJIT BHATTACHARYA v. CENTRAL BUREAU OF INVESTIGATION

Ab No. 18 of 2022HITESH KUMAR SARMA

Case at a glance

Outcome

Disposed of

the CBI, this petition stands disposed of granting the privilege of pre-

Provisions considered

Judgment

Operative part

ABHIJIT BHATTACHARYA S/O SRI A.K. BHATTACHARJEE UPPER HENGRABARI, KARBI NAMGHAR PATH, GUWAHATI-36 VERSUS CENTRAL BUREAU OF INVESTIGATION REP. BY ITS STANDING COUNSEL, GUWAHATI. Advocate for the Petitioner : MR. L TALUKDAR Advocate for the Respondent : SC, CBI B E F O R E HON’BLE MR. JUSTICE HITESH KUMAR SARMA 21-01-2022 The Court proceedings have been conducted through Video- Conference due to Covid-19 pandemic. This is an application made under Section 438 Cr.P.C., seeking pre- arrest bail of the accused-petitioner, namely, Sri Abhijit Bhattacharya, in connection with FIR No.RC0172021A0010 dated 21.10.2021 lodged before the ACB, CBI, Guwwhati, registered under Sections 120B, 420, 467, 468, 471 of the Indian Penal Code, and Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988. Page No.# 2/2 Heard Mr. L. Talukdar, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned Standing Counsel, CBI for the respondent. Mr. Keyal, learned Standing Counsel, CBI has fairly submitted that in accordance with the order dated 5.1.2022, the petitioner has already appeared before the investigating agency and has cooperated with the investigation of the case. He has further submitted that custodial interrogation of the petitioner is not essential in the instant case. However, learned Standing Counsel, CBI, on instruction, has submitted that there should be a direction given to the petitioner to appear before the investigating officer as and when called upon and to cooperate with the investigation of the case. In view of such submission made by the learned Standing Counsel for the CBI, this petition stands disposed of granting the privilege of pre- arrest bail to the petitioner. In the event of arrest of the petitioner, he be released on bail by the investigating officer on his furnishing bail bond of Rs.5,000/- with a suitable surety to his satisfaction. The petitioner is also directed to appear before the investigating police officer as and when called upon for the purpose of investigation of the case. With the above observation and direction, this petition stands disposed of. JUDGE Comparing Assistant

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: the CBI, this petition stands disposed of granting the privilege of pre-

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 120B, 420, 467, 468, 471; Prevention of Corruption Act, 1988 — ss. 13(1)(d), 13(2).

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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