The court ruled that pre-arrest bail is unnecessary for bailable offences, affirming that no apprehension of arrest exists.

Heard Mr B Das, learned counsel for the petitioner, Dani Ram Das @ Danpati (Dani), who has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Kamalpur PS Case No. 57/2024, registered under Sections 447/325/326 IPC.

3. Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam/respondent.

GAHC010088352024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1137/2024 DANI RAM DAS @ DANPTI (DANI) S/O LT. CHINTARAM DAS R/O VILL- RAIPAT, P.S.KAMALPUR DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B. DAS Advocate for the Respondent : PP, ASSAM BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 12.06.2024 Heard Mr B Das, learned counsel for the petitioner, Dani Ram Das @ Danpati (Dani), who has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Kamalpur PS Case No. 57/2024, registered under Sections 447/325/326 IPC.

3. Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam/respondent.

4. I have perused the Case Diary.

5. The allegation against the petitioner is that he assaulted the informant’s husband causing grave injuries on his person.

6. Perused the FIR and the injury report which reveals that the informant’s husband, i.e., Srikanta Das sustained simple injuries caused by blunt object. 7. Thus, the offence alleged is a bailable offence. The other offence under which the petitioner is booked is Section 447 IPC. Thus, there is no apprehension of arrest in connection with the offence as alleged.

8. Hence, the petition with prayer for pre-arrest bail is rejected at this stage. 9. Send back the Case Diary.