✦ Gauhati High Court · 24 Jul 2023

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

Ab No. 2036 of 2023AJIT BORTHAKUR

Case at a glance

Provisions considered

Judgment

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR Date : 24.07.2023 ORDER Heard Mr. SM Abdullah P, learned counsel for the petitioner and Mr. MP Goswami, learned Additional Public Prosecutor for the State respondent. By this application filed under Section 438 CrPC, the petitioner, namely, Asak Ali, has prayed for pre-arrest bail apprehending arrest in connection with Page No.# 2/3 Howly PS Case No. 110/2023 u/s 379/411 of the IPC r/w Section 23 of the Petroleum Act . The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 09.06.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner. Mr. MP Goswami, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. There is no adverse report against the petitioner from the I.O. Therefore, the interim pre-arrest bail granted vide order, dated 09.06.2023 is hereby made absolute, subject to the following conditions- (i) That the petitioner shall co-operate in investigation as and when required; (ii) That the petitioner 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; and (iii) That the petitioner shall not hamper or tamper with the investigation in any manner. Return the case diary. This disposes of the anticipatory bail application. JUDGE Comparing Assistant Page No.# 3/3

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ss. 161, 438; Indian Penal Code, 1860 — ss. 379, 411.

Which court decided this case, and when?

Gauhati High Court, on 24 Jul 2023. The bench was AJIT BORTHAKUR.

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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