IMPORTANT POINT
The main legal point established in the judgment is the application of Section 438 Cr.P.C in granting pre-arrest bail, considering the nature and gravity of the accusation and the antecedents of the applicant.

JUDGMENT

1. Heard Mr. A. S. Siddiqui, learned Sr. counsel along with Ms. M. K. Sah, learned counsel for the petitioner who has submitted that the petitioner has been summoned by the police to appear at the Nongthymmai Beat House on the strength of a notice under Section 41A Cr.P.C. Accordingly, he appeared at the said Beat House on 05.08.2022. This is in connection with Rynjah P.S Case No. 117(07) of 2022.

2. Again, the petitioner received another notice under Section 41 A dated 11.08.2022 directing him to appear before the Laitumkhrah Police Station on 16.08.2022 in connection with Laitumkhrah P.S Case no. 90(07) 2020, later corrected to 90(07) 2022 under Section 454/380 IPC.

3. The petitioner had appeared before the police on both occasions and has also got his statement recorded under Section 161 Cr.P.C.

4. However, the petitioner alleged that the police kept harassing him by calling for his presence from time to time causing him to apprehend likelihood of arrest at any point of time.

5. It is further submitted that the petitioner being a college student, is not at all involved in the criminal case under investigation and as such, has approached this Court with this application under Section 438 Cr.P.C seeking grant of pre-arrest bail under any conditions deemed fit and proper to be imposed by this Court.

6. It is also submitted that the petitioner, if granted pre-arrest bail shall not abscond or tamper with the evidence and witnesses but shall fully cooperate with the investigating authorities.

7. Again, Mr. Siddiqui has submitted that this Court vide order dated 17.08.2022 has allowed the petitioner to go on interim bail with a direction that he shall not abscond and further to appear before the I/O as and when required, to which the petitioner has fully complied by appearing before the I/O whenever he is required to do so.

8. It is, therefore, prayed that this application may be considered and the petitioner may be allowed to be released on bail in the event of his arrest and the interim bail granted to him may be made absolute.

9. Mr. S. Sengupta, learned Addl. PP has submitted that on being directed, the prosecution has produced the case diary of the two aforementioned cases and as such, this Court on perusal of the same may pass such further and necessary orders.

10. On consideration of the submission made and on perusal of the case diary of Rynjah P.S Case No. 117(07) of 2022 and Laitumkhrah P.S Case No. 90(07) 2022 what is noticed is that, theft has occurred at two separate places on different dates where the informants therein have reported to the police by way of an FIR. The main accused in both these cases is one Shri. Wanstep Lyngdoh. The role of the petitioner as could be seen from the materials available, could be that of a person who has allegedly bought stolen property. Prima facie, the sections of law cited in the said police case would not ipso facto at this stage of the investigation be applicable to the case of the petitioner.

11. It is well settled that while considering an application for grant of pre-arrest bail, the nature and gravity of the offence, the antecedent of the applicant as well as the conditions set out in Section 438 Cr.P.C to be fulfilled by the applicant has to be taken note of by the Court. In this respect, the provisions of Section 438 may be reproduced herein for a better understanding of this.

'438. Direction for grant of bail to person apprehending arrest.- [(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:-

(i) the nature and gravity of the accusation;

(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction