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Swmdwm Wary @ Swmdwm Owary And Anr vs The State Of Assam on 15 November, 2019

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GAHC010254202019

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB 3628/2019

1:SWMDWM WARY @ SWMDWM OWARY AND ANR.
S/O- LATE TARUN WARY, BY PROFESSION CULTIVATOR, R/O- VILL.-
DOLOGAON, P.O. GARUBHASA, DIST.- CHIRANG (B.T.A.D), ASSAM.

2: KAMAL NARZARY
S/O- SHRI DAMANSING NARZARY @ DHOMONSING NARZARY
BY PROFESSION CULTIVATOR
R/O- VILL.- DOLOGAON
P.O. GARUBHASA
DIST.- CHIRANG (B.T.A.D)
ASSAM

VERSUS

1:THE STATE OF ASSAM
REP. BY THE P.P., ASSAM.

Advocate for the Petitioner : MR M BEZBARUAH

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI

ORDER

Date : 15-11-2019

Heard Mr. M Bezbaruah, learned counsel for the petitioners and Mr. NJ
Dutta, learned Addl. PP, Assam.

This is an application under Section 438 Cr.P.C. filed by the petitioners,
namely, Swmdwm Wary @ Swmdwm Owary 2. Kamal Narzary , praying for
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pre-arrest bail apprehending arrest in connection with Sidli PS Case No.42/2019,
under Sections 341/Section323/Section294/Section354 B/34 SectionIPC.

Case diary called for is received and perused today.
Learned counsel for the petitioner submits that there was no ingredient of
Sectionsection 354 B IPC. At best offence under Sectionsection 354 IPC could be made out.

Having considered the materials in the case diary and the nature of
allegations, this Court is of the view that there may not be any necessity of custodial
interrogation of the petitioners in the instant case and as such, the prayer for pre-
arrest bail deserves to be allowed.

It is provided that, in the event of arrest of the petitioners in connection
with the aforementioned case, the petitioners above named shall be released on
furnishing a bail bond of Rs.20,000/- each 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 petitioners shall appear before the Investigating Officer within 15
days and co-operate with the investigation.

2. 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.

The pre-arrest bail application stands disposed of.

JUDGE
Smita

Comparing Assistant

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