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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 655/2019
S/O LATE NAREN CHOUDHURY, R/O RANGIA TOWN, WARD NO. 5, P.S.-
RANGIA, DIST-KAMRUP, PIN-781354
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR D KALITA
Advocate for the Respondent : PP, ASSAM
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
Date : 06-03-2019
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of
the accused-petitioner, namely, Sri Apurba Choudhury, in connection with Rangia PS
Case No. 107/2019 registered under Sections 447/188/324/354/294/ 506/34 of the IPC
corresponding to GR No. 295/2019.
Heard, Mr. D. Kalita, learned counsel for the accused-petitioner 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.
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It appears from the materials placed before this court, as of now, that a civil dispute
is pending between the parties and that quarrel had taken place between them on the date
of occurrence. The offences alleged in this case are all bailable except offence under
Section 354 IPC. On perusal of the FIR, it does not appear that there is any allegation of
outraging modesty of the alleged victim.
That being so, this court is of the view that this is a fit case to grant the privilege of
pre-arrest bail to the accused-petitioner. Accordingly, granted.
The accused-petitioner shall appear before the Investigating Police Officer within a
period of 7 (seven) days from today, and, in the event of his arrest, he shall be released on
furnishing a bail bond of Rs. 5,000/- with one suitable surety of the like amount to the
satisfaction of the arresting authority, on the following conditions:-
1. The petitioner shall not leave the territorial jurisdiction of the aforesaid police
station, without prior written permission from its officer-in-charge,
2. The petitioner shall not hamper with the investigation, or tamper with the
evidence of the case, and
3. 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.
This petition stands disposed of accordingly.