Binod Das And 4 Ors vs State Of Assam

Heard Mr. A. Chaudhury, learned counsel for the petitioners. Also heard Ms. A. Begum, learned Addl. Public Prosecutor, Assam appearing for the

State respondent.

This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely i) Binod Das ii) Kulajit Dasiii)

Pankaj Das iv) Ananda Das and v) Kishak Das, apprehending arrest in connection with Barpeta P.S. Case No. 1781/2020 under Sections

120B/302/201 of the IPC.

The Case diary, as called for, is placed before the Court.

It may be mentioned that by order, dated 09.06.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner No. 5 subject to

conditions.

Ms. A. Begum, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner No. 5 appeared before the investigating officer

and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. Ms. Begum further submits that there

is no prima facie sufficient incriminating material against the petitioner warranting his custodial interrogation.

This Court finds that custodial interrogation of the petitioner No. 5 may not be necessary in the interest of the ongoing investigation into the case.

Accordingly, the interim pre-arrest bail granted to the petitioner No. 5 vide order, dated 09.06.2021 is hereby made absolute, subject to the following

conditions-

(i) That the petitioner No. 5 shall co-operate in investigation as and when required; and

(ii) That the petitioner No. 5 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.

So far the pre-arrest bail application of the petitioners No. 1, 2, 3 and 4 is concerned, Ms. A. Begum, learned Addl. Public Prosecutor submits that

there is no specific prima facie incriminating material against them. This Court finds that custodial interrogation of the petitioners No. 1, 2, 3 and 4 may

not be required in the interest of the ongoing investigation into the case.

Accordingly, it is provided that in the event of arrest, the petitioners No. 1, 2, 3 and 4, named above, shall be released on pre-arrest bail, in connection

with the above noted case on furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand) each with one surety of like amount to the satisfaction of

the arresting authority, subject, of course, to the following conditions:

(i) That the petitioners No. 1, 2, 3 and 4 shall appear before the Investigating Officer within 7 days; and

(ii) That the petitioners No. 1, 2, 3 and 4 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.

Return the case diary.

This disposes of the anticipatory bail application.