High CourtsSingle Bench

Rijendra Nath Brahma vs State Of Assam

Gauhati HC · Decided on 27 May 2021 · Citation: (2021) 05 GAU CK 0021

HON’BLE JUDGES
Suman Shyam, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 406, 408, 409, 420, 468
RESULT
Allowed
CASE NUMBER
Anticipatory Bail No.1078 Of 2021
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Judgment

15 paragraphs · 298 words

Heard Mr. A. M. Bora, learned senior counsel assisted by Mr. N. J. Khataniar, learned counsel appearing for the petitioner. I have also heard Mr. B.

Sharma, learned Addl. P.P., Assam, appearing for the State.

By the order dated 30.04.2021 passed by this court, the learned Addl. P.P. was asked to obtain the updated Case Diary. However, today when the

matter is called up Mr. Sharma submits that the investigation is still going on and Page No.# 2/2 therefore, some more time will be required to produce

the up to date Case Diary.

By filing this application under section 438 Cr.P.C. the petitioner has approached this Court seeking anticipatory bail apprehending arrest in connection

with Kokrajhar P.S. Case No.143/2021 under Section 406/420/408/409/468 IPC.

Mr. Bora submits that he would have no objection if further time is granted to the Addl. P.P. to produce the updated Case Diary. However, the prayer

for interim bail made by the petitioner may be considered by this Court since there is imminent possibility of arrest of his client.

After hearing the submissions of learned counsel for both the parties and upon going through the materials available on record, it is hereby provided

that in the event of arrest, the petitioner viz., Sri Rijendra Nath Brahma, shall be allowed to go on interim pre-arrest bail subject to furnishing a bond of

Rs.50,000/- and two local sureties of like amount to the satisfaction of the arresting authority. It is further provided that, within three weeks from

today, the petitioner shall appear before the I.O. for recording his statement and shall continue to appear on each subsequent date(s), as and when

required in the interest of investigation in the connected Police case.

Let this case be listed again on 13.07.2021 for production of updated Case Diary.