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Judgment
I have heard Mr. S. Jayenta,learned Sr. counsel appearing on behalf of the applicant as well as Mr. Ibohal, learned Addl. P.P. appearing on behalf of the respondents. In this application, the applicant is praying for prearrest bail in connection with FIR Case No. 18(3)05 NBL PS u/s 188/447/427/365/326/34 IPC. The present applicant is found to have been named in the original Ezahar of the above referred case as one of the persons who took part in the commission of the alleged offences. As per the statement given by the informant, he named the said applicant on the basis of the information given by the victim, namely, Ch. Sanatomba Singh. Only the said Ch.Sanatomba has given statement implicating the applicant as one of the persons involved in the alleged offences. On the other hand, it is ascertained that the applicant has denied his involvement in the commission of any of the said offences. It is said that the applicant/accused was on duty as a Medical Officer at Community Health Center at the relevant time. In this connection, the I.O. is said to have checked the Attendance Register maintained at the Center wherein the said applicant was found to have put his signature.
On checking the patient Register maintained at the said Center, the I.O. is said to have been found the fact that the accused applicant having given treatment to patients in the Center at the relevant time.
Keeping in view all the relevant facts and circumstances including the nature of the alleged offence, the stage of investigation, the fact of the applicant having been on interim prearrest bail without causing any prejudice in the investigation of the accused and the nature of materials so far collected during the investigation, I consider that it will be proper and just to allow the applicant/accused to go on prearrest bail till the submission of the F.F. of the case.
Accordingly, the prearrest bail passed on 30.5.2005 is made absolute till the submission of the F.F. of the case.