Nitesh Soni v. The State of Assam

ORDER Date : 02.08.2024

Heard Mr. T. Deuri, 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 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Basistha P.S. Case No. 306/2024, under Sections 120-B/493/354-B/354-C/506/507 of the Indian Penal Code. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Deuri, learned counsel for the petitioner, that false and concocted allegation has been brought against the present accused/petitioner. He is no way involved in the alleged offence. However, he is ready and willing to co-operate the I.O. in the investigation of this case if he is granted with the privilege of pre-arrest bail. Mr. B. Sharma, learned Additional Public Prosecutor, has submitted in this regard that from the materials available in the Case Diary, it is seen that there was a living relationship between the victim and the accused/petitioner and the present case was lodged only when he abandoned her. Accordingly, he submitted that considering the materials available in the Case Diary, the prayer may be considered.

After hearing the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary and the nature of offence, I find that the custodial interrogation of the present accused/petitioner may not be required for the interest of the investigation and hence, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner. Accordingly, it is provided that in the event of arrest of the Page No.# 3/3 accused/petitioner, namely, Shri Nitesh Soni, in connection with Basistha P.S. Case No. 306/2024, under Sections 120-B/493/ 354-B/354-C/506/507 of the Indian Penal Code, he shall be enlarged on pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

(i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and

(ii) that the petitioner 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 from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of in terms above. The Case Diary be sent back. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010138262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1785/2024 NITESH SONI S/O DINESH SONI, R/O SWASTIK ENCLAVE, PATHORKUCHI ROAD, BASISTHA, GUWAHATI, P.O.-BASISTHA, P.S.-BASISTHA, DIST-KAMRUP (M), ASSAM, PIN-781029 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T DEURI, MS A DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA