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Judgment
W. Diengdoh, J
Heard Mr. N. Dubey, learned counsel for the petitioner.
Mr. H. Kharmih, learned Addl. PP appears on behalf of the State respondent.
The learned counsel for the petitioner submits that the police has issued a notice under Section 41-A Cr.P.C in connection with Crime Branch P.S. Case No. 04 (11) 2023 under Section 380/420/424/411/120B/34 of IPC read with Section 7 of Essential Commodities Act, 1995, Section 23 Petroleum Act and Section 9B/5A ES Act. Accordingly, the petitioner had complied with the direction and had appeared before the Investigating Officer, however, on a particular date, i.e. on 10.11.2023, he was not able to appear before the Investigating Officer as he was not well and thereafter, the Investigating Officer or rather the police, had visited his house and had threatened that he will be arrested for non-compliance of the direction of the Investigating Officer. Accordingly, being apprehensive of imminent arrest, the petitioner has approached this Court with this instant application under Section 438 Cr.P.C, seeking grant of pre-arrest bail.
At this stage, this Court is of the view that the case diary has to be perused to understand the complicity of the petitioner in the case, if at all, and as such, the State respondent is directed to produce copy of the case diary on the next date fixed.
In the meantime, as prayed for, the petitioner is allowed to go on interim bail on condition that he shall not abscond or tamper with the evidence and witnesses and that he shall appear before the Investigating Officer as and when required.
As prayed for, list this matter on 30.01.2024.