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2020 DIGILAW 325 (GAU)

Debojit Konwar v. State Of Assam

2020-03-03

MIR ALFAZ ALI

body2020
JUDGMENT 1. By this application u/s 438 Cr.P.C., the petitioner, namely, Sri Debojit Konwar has prayed for pre-arrest bail apprehending arrest in connection with Mathurapur P.S. Case No. 2/2020 u/s 448/397/506/325 IPC.. 2. Heard Mr. T. Deuri, learned counsel for the petitioner and Mr. H.K. Sarma, 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 informant went to collect money from the lonee at the instigation of one Momi Phukan, Munmi Baruah, Manash Jyoti Dutta and Arindom Saikia and other associates threatened to kill him over phone. When he came back to the bank, they again came there and assaulted him and also took away Rs. 25,000/- (Rupees twenty thousand) in cash. 4. Materials in the case diary do not reflect the necessity of custodial interrogation of the petitioner, and as such, the prayer for pre-arrest deserves to be allowed. Accordingly, it is provided that in the event of arrest of the petitioner in connection with the aforementioned case, he may be released on bail of Rs. 20,000/- 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 petitioner shall appear before the investigating officer within 15 days and co-operate with the investigation. (ii) The petitioner 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.