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2018 DIGILAW 1208 (GAU)

Nandeswar Das v. State of Assam

2018-08-16

HITESH KUMAR SARMA

body2018
JUDGMENT : HITESH KUMAR SARMA, J. 1. This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, (1)Nandeswar Das, and (2) Sri Sibeswar Das, in connection with Kamalpur PS Case No. 177/2018 registered under Sections 447/307/511/34 of the IPC. 2. Heard Mr. A.K. Azad, learned counsel for the accused-petitioners as well as Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam. Perused the petition as well as the annexures furnished therewith. Call for the case diary. List the matter on 29.08.2018. 3. On perusal of the FIR itself, this Court is of the view that till a final decision is taken on perusal of the materials in the case diary, the accused-petitioners shall remain on interim pre-arrest bail till the next date fixed, i.e., 29.08.2018. 4. The accused-petitioners will appear before the Investigating Police Officer within a period of 5 (five) days from today, and, in the event of their arrest, they shall be released on furnishing a bail bond of Rs. 10,000/- each with one suitable surety of the like amount to the satisfaction of the arresting authority, on the following conditions:- 1. The petitioners shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge, 2. The petitioners shall not hamper with the investigation, or tamper with the evidence of the case, and 3. 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. 5. The investigating officer is directed to include a note in the case diary as to the conduct of the accused-petitioners during the period they would be availing the interim pre-arrest bail so as to enable this Court to take a final decision considering the materials in the case diary as well as the conduct of the accused petitioners. 6. A copy of the order be furnished to the learned Additional Public Prosecutor during the course of the day.