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Judgment
Heard Mr. D. Baruah, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned APP appearing for the State.
This is a second pre-arrest bail application under section 438 Cr.P.C., by which the petitioner is seeking pre-arrest bail in connection with Jorhat P.S.
Case No. 2875/2020 under section 935 IPC.
The previous bail application was rejected by this Bench by order dated 19.03.2021 in AB 392/2021.
The learned APP has produced the case diary as well as updated status report of investigation.
On perusal of the case diary, it appears that independent witnesses examined by the police have disclosed that there was some business relationship
between the informant and the present petitioner and that there was some dispute between them. The case diary further reveals that the nature of
arms seized by the police are 2 swords, spade, iron rods etc. It appears that these items are common items for a household.
The learned APP has opposed the prayer for pre-arrest bail.
In view of the nature of investigation carried out so far, the Court is of the considered opinion that custodial interrogation of the petitioner, namely,
Amrit Gogoi may not be necessary and, as such, this pre-arrest bail application stands allowed by providing that in the event of arrest of the petitioner
in connection with the aforesaid case, the arresting officer shall release the petitioner on bail on furnishing bail bond of Rs.15,000/- with one suitable
surety of like amount to the satisfaction of the arresting officer.
The bail is granted on the following conditions:
That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.
That 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or
influence or intimidate the prosecution witness.
That the petitioner shall not obstruct the smooth progress of the investigation/trial.
That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected.
That the petitioner shall not misuse his liberty in any manner.
That the petitioner shall not jump over the bail.
That the petitioner shall appear before the I.O. within a period of 10 (ten) days from today and he shall continue to appear once in a month till his
personal appearance is dispensed with by the I.O. or filing of the charge-sheet, whichever is earlier.
Application stands disposed of.
Case diary as well as status report of investigation is returned.