THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. S KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI Date : 31-07-2023 ORDER Page No.# 2/3 Heard Mr. S. Kalita, learned counsel for the petitioners. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State. This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioners, namely, Dersahad Basumatary and Jawan Basumatary, apprehending arrest in connection with Kokrajhar P.S. Case No. 525/2022(corresponding to G.R. No. 907/2022), registered under Sections 120(B)/420 IPC r/w Section 13 of the Assam Cattle Preservation Act, 2021. Mr. S. Kalita, the learned counsel for the petitioners submits that the petitioners have appeared before the Investigating Police Officer as per direction of this Court and their statements have already been recorded after they were granted interim protection. They have not misused the liberty granted to them; rather, they co-operate with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioners may be made absolute. Ms. Bora, learned Additional Public Prosecutor for the State has made no objection on the prayer of the petitioners. I have considered the submissions made by the learned counsel for the parties and also perused the case diary. It appears that the petitioners have not misused the liberty granted to them while availing interim protection. Considering all, this Court is of the view that the petitioners deserve to be granted the privilege of pre-arrest bail. Page No.# 3/3 That being so, the petitioners are granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioners vide order dated 25.04.2023, is made absolute on the same terms and conditions. The petition stands disposed of accordingly. Return the case diary. JUDGE Comparing Assistant