CHENIRAM NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P Sarmah, learned counsel for the accused-petitioner as well as Mr. B Sarma, learned Additional Public Prosecutor, appearing for the State respondent.

(2.) This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Cheniram Nath, in connection with Thelamara PS Case No. 143/2018 registered under Sections 406/420 of the IPC.

(3.) I have perused the order, dated 20.12.2018, passed by this court that in the event, the learned Additional Public Prosecutor fails to produce the case diary on the next date, the prayer for pre-arrest bail will be considered on the basis of the materials available on record. Repeated orders passed since August, 2018 have failed to evoke response from the Investigating Police Officer so far production of the case diary is concerned. That being so, on perusal of the materials available before this court, as of now, including a copy of the FIR, this court is of the view that the accused-petitioner be granted the privilege of pre-arrest bail. Accordingly, granted.