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Judgment
Heard Mr.A. M. Bora, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.
This application under Section 438 Cr.P.C. is preferred by accused petitioners namely, 1. Shri Prag Raj Singla and 2. Shri Tushar Kumar Singla are seeking pre arrest bail, who have been apprehending arrest in connection with SNP/EX. 25/2021 under Section 53 (1) (a) (c) (d) and (e) of the Assam Excise (Amendment) Act, 2018.
Mr. D. Das, learned Addl. P.P. while vehemently objecting the bail prayer of the petitioners submitted that custodial detention/interrogation of the petitioners shall be necessary for further interrogation inasmuch as there might be some other sources and places where the petitioners are continuing the crime.
I have perused the materials available in the case diary. Case diary reveals that materials have already been seized and after getting interim bail, the petitioners have cooperated with the Investigating officer and their statement has already been recorded by the I. O. On perusal of the case diary, it is also found that there is no such material in the case diary requiring custodial interrogation of the petitioners.
In the aforesaid back drop, the interim protection granted to the petitioner vide order dated 28.12.2021 is made absolute on the same terms and condition.