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2020 DIGILAW 395 (GAU)

Gunajit Thakuria v. State Of Assam

2020-03-16

MIR ALFAZ ALI

body2020
JUDGMENT 1. Heard Mr. T Deuri, learned counsel for the petitioner and Mr. TK Mishra, learned Addl. PP, Assam. 2. This is an application under Section 438 Cr.P.C. filed by the petitioner, namely, Gunajit Thakuria, praying for pre-arrest bail apprehending arrest in connection with Dispur PS Case No.375/2020 under sections 294/325/354/379/34 IPC. 3. Perused the FIR and the documents annexed therewith. However, case diary is not received. 4. Learned counsel for the petitioner submits that this Court had already perused the case diary in AB No.676/2020 and granted bail to the co-accused Manas @ Nilotpal Deka and the present petitioner also stands on the same footing as per the allegation made in the FIR. He also produced a copy of the order passed in AB No.676/2020. 5. On perusal of the FIR and the nature of accusation made, it appears that the petitioner stands on the same footing and as such, deserves similar consideration for bail. 6. Having regard to the nature of accusation and the materials in the case diary as observed in the earlier order, this Court is of the view that custodial interrogation of the petitioner may not be necessary and such, the prayer for pre-arrest bail deserves to be allowed. 7. Accordingly, it is provided that, in the event of arrest of the petitioner in connection with the aforementioned case, the petitioner above named shall be released on furnishing a bail bond of Rs.20,000/-, with a suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions. 1. The petitioner shall appear before the Investigating Officer within 15 days and co-operate with the investigation. 2. 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. 8. The pre-arrest bail application stands disposed of.