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2020 DIGILAW 307 (GAU)

Makhan Dutta v. State Of Assam

2020-02-28

MIR ALFAZ ALI

body2020
JUDGMENT 1. By this application u/s 438 Cr.P.C., the petitioners, namely, 1. Sri Makhan Dutta & 2. Sri Pinku Dowarah have prayed for pre-arrest bail apprehending arrest in connection with Bokakhat P.S. Case No. 36/2020 u/s 395 IPC. 2. Heard Mr. D. Baruah, learned counsel for the petitioners and Ms. A. Begum, learned Addl. Public Prosecutor for the State. Also perused the FIR and the documents annexed therewith as well as the case diary produced today. 3. Allegation made in the FIR was that when the informants were proceeding to Jorhat in their vehicle, the petitioners obstructed the informants on the way and robbed Rs. 20,000/- and also demanded Rs. 1 lakh from them. When the informants informed their employer about the matter and the employer reached the spot, the petitioners forcibly took Rs. 20,000/- from him and also asked the petitioners either to pay the remaining Rs. 80,000/- or face the consequence. 4. Having regard to the materials in the case diary and the nature of accusation, this Court is of the view that custodial interrogation of the petitioners may not be necessary for the investigation of the case, and as such, the prayer for pre-arrest deserves to be allowed. Accordingly, it is provided that in the event of arrest of the petitioners in connection with the aforementioned case, they may be released on bail of Rs. 20,000/- each with a solvent surety of like amount to the satisfaction to the arresting authority. This pre-arrest bail shall be subject to the following conditions :- i) The petitioners shall appear before the investigating officer within 15 days and co- operate with the investigation. ii) 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. Send down the case diary. AB stand disposed of.