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Judgment
W. Diengdoh, J
Heard Mr. Philemon Nongbri, learned counsel for the petitioner. Also heard Mr. S. Sengupta, learned Addl. PP for the State respondent. This application has been filed under Section 438 Cr.P.C for grant of pre-arrest bail in connection with an FIR dated 14.09.2022 lodged by the complainant who is the wife of the petitioner herein. Pursuant to the filing of the said FIR, the police has caused issue of notice under Section 41-A Cr.P.C calling upon the petitioner herein to appear before the police authorities. However, in the meantime, the petitioner has approached this Court with this instant application.
At this point of time, it is impressed upon this Court that the merits of this application may not be gone into, considering the fact that the petitioner has prayed for filing of an additional affidavit to bring on record the date, acknowledgment or receipt of the said notice under Section 41-A.
Similarly, the learned Addl. PP has prayed that he may be allowed to file the status report as regard the investigation of the case. In view thereof, the prayer of the learned counsels is allowed.
Meanwhile, as prayed for, the petitioner is allowed to go on interim bail on conditions that he shall not abscond and that he shall cooperate with the I/O as and when required.
Accordingly, list this matter on 06.12.2022.