THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF AP
Case at a glance
Outcome
Disposed of
This bail application stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 ss. 161, 164, 438
- Indian Penal Code, 1860
Key paragraphs
Judgment
BEFORE HONBLE MR. JUSTICE ROBIN PHUKAN Date : 30-03-2022 ORDER Heard Ms. J. D. Khaund, learned counsel for the applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh.
This application under Section 438 of the Cr.P.C. is preferred by the applicant, namely, Shri Sanjay Bora, who has apprehended arrest in connection with Nacho Police Station Case No. 01/2021, under Section Page No.# 2/3 498(A) IPC.
The allegation against the applicant is that he used to subject his wife to both physical and mental cruelty, demanding dowry.
Ms. J. D. Khaund, learned counsel submits that pursuant to order of this Court, dated 29.12.2021, the applicant appeared before the Investigating Officer and his statement is recorded and that the applicant has been cooperating with the investigation and his custodial interrogation is not necessary here in this case and therefore, it is contended to make the interim order dated 29.12.2021 absolute, in the same terms and conditions.
Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh has produced the Case Diary and submits that though the statement of the accused is not available in the Case Diary, yet as submitted by the learned counsel for the applicant, if he appear before the I.O. and his statement is recorded, his custodial interrogation may not be necessary. Besides Mr. Ete pointed out that the I.O. has already examined 3(three) witnesses under Section 161 Cr.P.C. and also got the statement of the 3(three) witnesses recorded under Section 164 Cr.P.C.
I have perused the Case Diary carefully and also perused the documents placed on record. Considering the nature and gravity of the offence and also considering the stage of investigation and further considering the submission of the learned Advocates of both sides, custodial interrogation of the applicant seems to be not necessary here in this Case in the interest of investigation. It is also pointed out by the learned counsel for the applicant that he is a government servant and he Page No.# 3/3 is serving in Assam Rifles at Nagaland and as such, there is no chance of absconding also.
In view of the above, this Court is inclined to accept the petition and the interim bail granted to him by this Court vide order dated 29.12.2021, is hereby made absolute, in the same terms and conditions.
The Case Diary be sent back.
Operative part
This bail application stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 161, 164, 438; Indian Penal Code, 1860.
Which court decided this case, and when?
Gauhati High Court, on 30 Mar 2022. The bench was ROBIN PHUKAN.
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.