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IN THE HIGH COURT OF GAUHATI
DEVASHIS BARUAH, J.
Alamin Ahmed Laskar - Appellant
Versus
State of Assam - Respondent
AB No. 1392 of 2022
Decided On : 09-09-2022
Pre-arrest Bail - Section 438 of the Code of Criminal Procedure, 1973 - Allegations under IPC and Prevention of Damage to Public Property Act
Fact of the Case:
The Applicant filed for pre-arrest bail in connection with a case under Sections 149/353/333/427 of the IPC read with Section 4 of the Prevention of Damage to Public Property Act.
Finding of the Court:
The Court found that there were no substantive allegations requiring custodial detention for the Applicant, and thus made the interim bail order absolute with certain conditions.
Issues: The main issue was whether the Applicant should be granted pre-arrest bail considering the allegations against him.
Ratio Decidendi: The Court considered the lack of substantive allegations and the need for the Applicant's cooperation with the investigation in imposing the conditions for the bail.
Final Decision: The interim bail order was made absolute with specific conditions, and the application for pre-arrest bail was disposed of.
JUDGMENT :
1. Heard Mr. J. Saikia, the learned counsel appearing on behalf of the Applicant and Mr. B.B. Gogoi, the learned Additional P.P. appearing on behalf of the Respondent.
2. This is an application under Section 438 of the Code of Criminal Procedure, 1973 filed by the Applicant namely Alamin Ahmed Laskar praying for pre-arrest bail apprehending arrest in connection with Udharbond P.S. Case No.81/2022 under Sections 149/353/333/427 of the IPC read with Section 4 of the Prevention of Damage to Public Property Act.
3. I have perused the FIR and the documents annexed therewith as well as the CD.
4. From a perusal of the case diary, it appears that there is no substantive allegation against the Applicant requiring custodial detention. Consequently, this Court therefore, makes the interim bail order dated 15.06.2022 absolute subject to the following conditions.
2. The applicant shall not leave the territorial jurisdiction of the learned CJM, Cachar without prior permission of the Investigating Officer.
3. The applicant shall not hamper with the investigation of the case and tamper with the evidence.
4. The applicant shall provide assistance to the Investigating Officer as when required.
5. The applicant 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/her from disclosing such facts to the Court or to any police officer.
5. If the accused repeats any of the incident as has been alleged in the FIR dated 04.05.2022, the Investigating Officer shall be at liberty to file appropriate application for cancellation of the Bail.
6. The AB stands disposed of.
7. Return the case diary.
The court's decision was influenced by the lack of substantive allegations requiring custodial detention and the need for the Applicant's cooperation with the investigation.
Accused persons are entitled to pre-arrest bail if they are not likely to abscond or interfere with the investigation.
The filing of a charge sheet under the CrPC influences the bail process, requiring petitioners to seek regular bail from the trial court.
Pre-arrest bail may be granted when petitioners comply with court conditions, despite serious charges, provided no misuse of liberty is demonstrated.
Prima-facie assessment of the allegation under Section 376 of the IPC and its influence on the grant of pre-arrest bail.
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