Judgment · High Court

Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. B.S. Sinha, learned Addl. P.P. Assam who has produced the C.D. I have heard the learned counsel for the parties and also perused the pleadings as regards date of occurrence along with the C.D. The petitioner is apprehending arrest in connection with Tengakhat P.S. Case No. 74/2010 arising out of G.R. Case No. 2141/2010 u/s. 302/34 IPC. On perusal of the C.D. produced by the learn ed Addl. P.P. Assam though the Section involved in this case is 302 IPC from th e C.D. it appears that there is no incriminating evidence. Therefore, the provis ions of Section 438 Cr.P.C. can be extended to the petitioner for being granted pre-arrest bail. In the result, it is ordered that in the event of arrest in connection with the above case the accused/petitioner Sri Juganta Gohain shall be released on execut ing a bail bond of Rs. 45,000/- with two local sureties of the like amount subje ct to satisfaction of the arresting authority on condition that he shall make hi mself available before the Investigating Agency as and when required and also sh all not leave the jurisdiction of the learned CJM, Dibrugarh without prior permi ssion. The petitioner shall also extend all co-operation to the Investigating A gency to complete the investigation. With the above direction this bail application is allowed and disposed of.