Dr Rajib Kumar Mohotta v. The State of Assam

ORDER Date : 24.07.2024

Heard Mr. M. Kalita, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 This is an application under Section 438 of the Code of Criminal Procedure, 1973 praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Dibrugarh P.S. Case No. 210/2024, under Sections 406/420/ 468/471 of the Indian Penal Code. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Kalita, learned counsel for the petitioner, that the accused/petitioner already appeared before the I.O. after obtaining the order of interim pre-arrest bail dated 19.06.2024, and co-operated in the investigation of this case. He is still ready and willing to co-operate with the I.O. in the further investigation of this case if he is granted with the privilege of pre-arrest bail. In this context, Mr. Borthakur, learned Additional Public Prosecutor, has submitted that the accused/petitioner already appeared before the I.O. and they co-operated in the investigation of this case. Further he submitted that during the pendency of this case, the informant has already filed NIA Case against the present accused/petitioner. Accordingly, he submitted that considering the materials available in the Case Diary and conduct of the accused/petitioner, his prayer may be considered.

After hearing the submissions made by the learned counsels of both sides and also considering the entire aspects of the case, nature of allegation as well as the conduct of the accused/petitioner, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner. Accordingly, the interim pre-arrest bail order, granted to the accused/petitioner vide order dated

19.06.2024, is hereby made absolute in the same terms and conditions. Page No.# 3/3

In terms of above, this anticipatory bail application stands disposed of.

The Case Diary be sent back.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010122652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1591/2024 DR RAJIB KUMAR MOHOTTA S/O LATE SONU RAM MOHOTTA R/OVILL- BISHNUPUR,P.O. AND P.S. MORANHAT, IN THE DISTRICT OF CHARAIDEO, ASSAM, PIN-785670 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA