THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
- Decided
- 11 Sep 2024
- Bench
- MALASRI NANDI
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 482
- Bharatiya Nyaya Sanhita, 2023 ss. 61(2), 318(3), 347(1), 349
- Copyright Act, 1957
- Trade Marks Act, 1999 s. 104
- Code of Criminal Procedure, 1973 s. 161
Judgment
Advocate for the Petitioner : MR. N K KALITA, MS D BORAH,MR. R D BHUYAN,MS. U DEKA,MR H DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI Date : 11.09.2024 ORDER Heard Mr. NK Kalita, learned counsel for the petitioner. Also heard Mr. B.B.Gogoi, learned Additional Public Prosecutor for the State. Page No.# 2/3 By filing this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Jayanta Jyoti Sarma, has prayed for granting pre-arrest bail, apprehending arrest in connection with Geetanagar P.S. Case No. 160/2024 under Section 318(3), 347(1), 349/61(2) of BNS, 2023 and 63(A) of Copyright Act, 1957 r/w Section 104 of Trade Marks Act,
1999. The Case diary, as called for, is placed before the Court. It may be mentioned herein that by order, dated 13.08.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner. Mr. B.B.Gogoi, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statements 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 13.08.2024 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. Page No.# 3/3 JUDGE Comparing Assistant
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482; Bharatiya Nyaya Sanhita, 2023 — ss. 61(2), 318(3), 347(1), 349; Copyright Act, 1957; Trade Marks Act, 1999 — s. 104; Code of Criminal Procedure, 1973 — s. 161.
Which court decided this case, and when?
Gauhati High Court, on 11 Sep 2024. The bench was MALASRI NANDI.
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.