The Court granted interim pre-arrest bail as absolute to the petitioner in an anticipatory bail application under Section 438 CrPC. The order was made on the ground that co-accused were already granted bail and considered the materials on file.
Interim pre-arrest bail converted into absolute bail on the same terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010134902018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1914/2018
1:BIMALA DEVI BERIYA @ BIMLA DEVI BARIYA W/O SRI SATYANARAYAN BERIYA, R/O TANGLA TOWN, WARD NO. 2, BAZAAR ROAD, PO AND PS TANGLA, DIST. UDALGURI, BTAD, PIN-874521
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR. B GOGOI
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE MIR ALFAZ ALI
03-10-2018
By this application under Section 438 of the Code of Criminal Procedure, 1973, the petitioner, namely – Smti Bimala Devi Beriya @ Smti Bimla Devi, has prayed for pre-arrest bail apprehending her arrest in connection with B.I.(EO) P.S. No.9/2018 registered under Section 120(B)/406/420 of the Indian Penal Code read with Section 7 of the EC Act.
Heard Mr. A.K. Bhattacharyya, learned senior counsel assisted by Mr. B. Gogoi, learned counsel for the petitioner. Also heard Mr. NJ Dutta, learned Additional Public Prosecutor, Assam for the State respondent.
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Case diary called for is received and perused.
It is submitted by the learned senior counsel that the co-accused standing on the same footing have already been granted bail by this court and, as such, the petitioners deserve bail on the ground of parity.
Having considered the materials in the case diary and the nature of allegations, the order dated 22.06.2018 granting interim pre-arrest bail to the petitioner is hereby made absolute on the same terms and conditions.
The bail application, accordingly, stands disposed of.
Send back the case diary.
Sd/-
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner deserves pre-arrest bail on grounds of parity with co-accused and nature of allegations.
3 provisions across 3 enactments
BIMALA DEVI BERIYA @ BIMLA DEVI
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
