Smt. Renu Pandey vs. The State Of Assam

Held

The Court held that the petitioner is entitled to the privilege of pre-arrest bail. The reasoning was based on the fact that the investigation had progressed to a stage where the Investigating Police Officer could proceed with the case without the petitioner's custody. The Court also took into consideration the grant of bail to a co-accused, who is the petitioner's husband. The prayer for pre-arrest bail was allowed, and the interim pre-arrest bail granted earlier was made absolute. The operative direction was to make the interim pre-arrest bail absolute, subject to certain conditions, and to dispose of the anticipatory bail application.

Facts

The petitioner, Smt. Renu Pandey, sought pre-arrest bail under Section 438 Cr.P.C. in connection with Garchuk Police Station Case No. 220/2018, registered under Sections 420/406/468/379/34 of the IPC. The allegations primarily concern betel nut loaded in a truck with a purportedly not genuine GST document. The petitioner's counsel referred to a previous order granting bail to her husband, a co-accused. The investigation had progressed to a stage where the Investigating Police Officer could proceed without the petitioner's custody. The petitioner was already on interim pre-arrest bail granted on May 10, 2018.

Key Issues

1. Whether the petitioner is entitled to pre-arrest bail under Section 438 Cr.P.C. in connection with Garchuk Police Station Case No. 220/2018, registered under Sections 420/406/468/379/34 of the IPC, given the stage of investigation and the allegations of a non-genuine GST document? Petitioner's Contention: The petitioner argued that she is entitled to pre-arrest bail, citing the grant of bail to her husband, a co-accused, and highlighting that the investigation had progressed sufficiently for the police to continue without her custody. The petitioner relied on the order dated May 17, 2018, passed in Bail Application No. 949/2018. Revenue's Contention: The judgment does not record any specific arguments or contentions from the State/Revenue regarding the grant of pre-arrest bail.