BIJOY KALITA Vs. STATE OF ASSAM REP BY P P , ASSAM
LAWS(GAU)-2018-8-80
HIGH COURT OF GAUHATI
Decided on August 16,2018

BIJOY KALITA Appellant
VERSUS
State Of Assam Rep By P P , Assam Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) Heard Mr. B.M. Choudhury, learned counsel for the accused-petitioner as well as Mr. MP Goswami, learned Additional Public Prosecutor, appearing for the State of Assam.
(2.) This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the accused-petitioner, namely, Sri Bijoy Kalita, in connection with Chhaygaon PS Case No. 539/2018 registered under Sections 420/468/34 of the IPC read with Section 53(1) Assam Excise Act, 2000. Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court.
(3.) This is a second bail application on behalf of the accused petitioner seeking prearrest bail. His first such bail application was rejected by this Court vide order dated 22.06.2018, passed in A.B. No.1751/2018, after perusal of the case diary. On perusal of the case diary today also, this Court finds that there is sufficient incriminating materials against the accused petitioner. That being so, in the absence of any new ground and the materials in the case diary remaining the same, this is not a fit case for grant of pre-arrest bail. The bail application stands rejected.;


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