THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. The State of AP
Case at a glance
Outcome
Disposed of
bail application stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 ss. 161, 438
- Indian Penal Code, 1860 ss. 325, 395, 427, 506
Key paragraphs
- Para 66. In view of the above, this Court is of the considered view that custodial interrogation of the petitioner may not be necessary for the ongoing investigation. Accordingly, the interim pre-arrest bail granted by this Court earlier by order dated 12.04.2024, is hereby made absolute…
Judgment
BEFORE HONBLE MR. JUSTICE KAUSHIK GOSWAMI Date : 25-04-2024 ORDER Heard Mr. D. K. Deori, the learned counsel for the petitioner. Also heard Mr. G. Tado, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/3
This is an application filed under Section 438 of the Cr.P.C.,1973 for grant of pre-arrest bail to Chow Manpeng Manang, who was apprehending arrest in connection with Namsai P.S. Case No. 26/2024, under Sections 325/395/427/506 of IPC.
The case diary as called for is placed before this Court.
Pertinent to mention that by an order dated 12.04.2024, this Court granted privilege of interim pre-arrest bail to the petitioner subject to conditions.
Mr. G. Tado, the learned Additional Public Prosecutor submits that the petitioner had appeared before the Investigating Officer as per the order of this Court passed earlier and his statement has been recorded by the Investigating Officer under Section 161 Cr.P.C. He further submits that the petitioner is cooperating with the investigation.
Operative part
In view of the above, this Court is of the considered view that custodial interrogation of the petitioner may not be necessary for the ongoing investigation. Accordingly, the interim pre-arrest bail granted by this Court earlier by order dated 12.04.2024, is hereby made absolute, subject of course to the following conditions: 1) That the accused applicant shall cooperate with the Page No.# 3/3 investigation and appear before the IO as and when called for; 2) That the accused applicant 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/her from disclosing such facts to the Court or to any police officer or tamper with the evidence; 3) That he shall not commit an offence similar to the offence of which he is accused, or suspected of commission. With the aforesaid observation and directions, this anticipatory 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: bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 161, 438; Indian Penal Code, 1860 — ss. 325, 395, 427, 506.
Which court decided this case, and when?
Gauhati High Court, on 25 Apr 2024. The bench was KAUSHIK GOSWAMI.
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.