Judgment · High Court

/379 IPC. Mr. A. K. Sarkar, learned counsel appearing for the petitioner submits that befo re filing of the FIR by the informant, Krishna Bordoloi alias Krishna Pator, the elder brother of the petitioner Sri Nipen Bordoloi lodged an FIR against the sa id informant Sri Krishna Pator. Therefore, it is established that there are case and counter case between the parties and the petitioner himself was also injure d which will be admitted from Annexure-2 to the application. Issue notice upon the learned PP for the State. As Mr. B. S. Sinha, learned Addl. PP for the State appears and accepts notice, n o formal notice is called for. Mr. Sinha, learned Addl. PP for the State in his usual fairness submits that as there is a case and counter case and particularly the petitioner is a lecturer i n a college, the prosecution has no objection to the prayer for pre-arrest bail. This Court has gone through the FIR lodged by the elder brother of the petitione r as well as the informant (Annexure-3 and 4 to the application). Considering the entire facts and circumstances, it is directed that the petition er shall be enlarged on bail in the event of his arrest in connection with the a foresaid PS case on furnishing a bond of Rs.20,000/-(Rupees twenty thousand) onl y with one local surety of the like amount to the satisfaction of the arresting authority on further condition that he shall appear before the I.O. of the case as and when called for and he shall not, directly or indirectly, make any induce ment, threat or promise to any person acquainted with the facts of the accusatio n against him so as to dissuade them from disclosing such facts to the Court or to any police officer and he shall not leave the State of Assam without prior pe rmission of the arresting authority. With the aforesaid order, the instant bail application is allowed.