AB/5077/2012 of SUJIT SARKAR and 5 ORS Vs THE STATE OF ASSAM on 21 December 2012

Conclusion

AB 5077/2012BEFORE

HON’BLE MR.JUSTICE A.C. UPADHYAY

This is an application under Section 438 CrPC seeking pre-arrest bail on behalf of the petitioners namely -(1) Sri Sujit Sarkar (2) Sri Durga Sarkar @ Sri Niranjan Sarkar (3) Sri Biswa Sarkar @ Sananjay Sarkar (4) Sri Ratan Sarkar (5) Sri Krishna Sarkar and (6) Sri Nanda Sarkar @ Chandan Sarkar in connection with Nalbari P.S. Case No.831 of 2012 under Section 364(A)/384/34 IPC.

Heard Mr. J.I. Barbhuiyan, learned counsel appearing for the petitioners and Mr.B.S. Sinha, learned Addl. P.P.

The FIR was lodged alleging commission of offence under Section 364(A)/384/34 IPC.

Perused the case diary and the materials on record. I do not find sufficient incriminating materials warranting custodial interrogation of the petitioners in connection with this case and in the event of release of the petitioners on pre-arrest bail, further investigation of this case would not be adversely affected.

Accordingly, it is provided that in the event of arrest of the petitioners, theyshall be released on bail of Rs.20,000/- each with one surety each of the like amount to the satisfaction of the arresting authority in connection with this case on the condition that they shall appear before the I.O. within 5 (five) days from today and shall make themselves available as and when required.

The bail application stands disposed of.