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

Advocate for the Petitioner : MS. R CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

26.07.2022 ORDER Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State Page No.# 2/3 respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely 1. Innus Ali and 2. Hamidur Rahman Sarkar, apprehending arrest in connection with Chapar P.S. Case No. 65/2022 registered u/s 379 of the IPC read with Section 13 of the Assam Cattle Preservation Act, 2021. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 06.06.2022, this Court granted the privilege of interim pre-arrest bail to the petitioners subject to conditions. Mr. B.B. Gogoi, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioners appeared before the investigating officer and got their statements recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. There is no adverse report against the petitioners from the I.O. This Court finds that custodial interrogation of the petitioners in the interest of the ongoing investigation may not be required. Therefore, the interim pre-arrest bail granted vide order, dated 06.06.2022 is hereby made absolute, subject to the following conditions- (i) That the petitioners shall co-operate in investigation as and when required; and (ii) That the petitioners 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. Page No.# 3/3 JUDGE Comparing Assistant