Techi Alban vs. The State Of Assam

Facts

The petitioner, Techi Alban, sought pre-arrest bail under Section 482 of the BNSS, 2023, in connection with Jonai P.S. Case No. 162/2021, which involves charges under Sections 120(B)/420/468/471/406 of the Indian Penal Code. The petitioner had previously obtained interim pre-arrest bail on March 10, 2025, and subsequently appeared before the Investigating Officer (I.O.), cooperating with the investigation and submitting GST documents. The State respondent, represented by the Additional Public Prosecutor, noted that the petitioner was not an FIR-named accused, the FIR was primarily against one Chibang Pal, and a charge-sheet had already been filed against Chibang Pal. The investigation against other accused persons was ongoing, but the petitioner had cooperated after obtaining interim bail.

Held

The Court held that the custodial interrogation of the present accused/petitioner was not necessary. This decision was based on the submissions made by both learned counsels, the materials available in the Case Diary, and the conduct of the petitioner, who had already appeared before the I.O. and cooperated with the investigation. The Court found it to be a fit case to extend the privilege of pre-arrest bail. Consequently, the interim pre-arrest bail granted to the petitioner on March 10, 2025, was made absolute on the same terms and conditions. The anticipatory bail application was disposed of accordingly. The Court did not expressly leave any issue undecided.

Key Issues

1. Whether the petitioner is entitled to the privilege of pre-arrest bail, considering their cooperation with the investigation and the fact that they are not an FIR-named accused in Jonai P.S. Case No. 162/2021, which pertains to alleged offences under Sections 120(B)/420/468/471/406 of the Indian Penal Code. Contentions: Petitioner: Argued that they had obtained interim pre-arrest bail, appeared before the I.O., cooperated with the investigation, and submitted all GST documents. They expressed willingness to continue cooperating if pre-arrest bail was granted. State Respondent: Submitted that the petitioner was not an FIR-named accused, the FIR was against Chibang Pal, and a charge-sheet had been filed against Chibang Pal. The investigation against other accused was ongoing, but the petitioner had cooperated after interim bail was granted.