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2019 DIGILAW 743 (GAU)

Dulu Bora v. State of Assam

2019-06-13

AJIT BORTHAKUR

body2019
JUDGMENT : Ajit Borthakur, J. 1. Heard Mr. P.J. Saikia, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 2. By this application filed under Section 438 Cr.P.C. the petitioner, namely, Shri Dulu Bora has prayed for granting him pre-arrest bail in connection with Digboi PS Case No. 235/2018 (corresponding to POCSO Case No. 54(M)/2018 and GR No. 699/2018) registered under Sections 342/506 IPC read with Section 4 of POCSO Act, 2012. 3. It is submitted by the learned counsel for the petitioner that after getting interim pre- arrest bail from this Court, the petitioner appeared before the Investigating Officer of Digboi PS Case No. 235/2018 and his statement has been recorded under Section 161 Cr.P.C. 4. The case diary, as called for, is placed before the Court. 5. On perusal of the case diary, it appears that although the victim implicated the petitioner, the other evidence so far collected by the Investigating Officer is to the contrary. It is noticed that the petitioner appeared before the concerned Investigating Officer and got his statement recorded under Section 161 Cr.P.C. The petitioner is also cooperating in the investigation and on the other hand, there is no adverse report against him from the Investigating Officer. The case diary reveals no sound and justifiable reason for custodial interrogation of the petitioner in the interest of further investigation of the case. 6. In view of the above, the interim pre-arrest bail granted to the petitioner vide order, dated 05.03.2019, is hereby made absolute, subject to the following conditions:- (1) That the petitioner shall appear before the Investigating Officer of Digboi PS Case No. 235/2018 as and when required for necessary investigation of the case. (2) That the petitioner shall not hamper or tamper with the evidence of the case and 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. 7. Accordingly, the anticipatory bail application stands disposed of. Return the case diary.