Allowed

Kanchu Mondal and Anr. v. the State of Assam

Gauhati HC7 Dec 2018AB/2667/2018

Case brief

AI extract

What is this about?

The Gauhati High Court entertained an application for anticipatory bail. After noting cooperative conduct and investigation progress, the court made the interim anticipatory bail absolute subject to specified conditions regarding not tampering or influencing witnesses.

What did the court decide?

Interim anticipatory bail granted vide order dated 30.08.2018 is made absolute subject to conditions of not tampering with investigation and not inducing witnesses.

Kanchu Mondal and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010190512018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 2667/2018

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1:KANCHU MONDAL AND ANR. S/O- MOKSED MONDAL, R/O- VILL- BOYZERALGA PT III, P.O. NAYERALGA, P.S. BILASIPARA, DIST- DHUBRI, ASSAM, PIN- 783348

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2: SOLEMAN FAKIR S/O- LT AJIL FAKIR R/O- VILL- MAYERCHAR PT- VII P.O. NAYERALGA P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 78334 VERSUS 1:THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 07-12-2018

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Heard Mr. M. U. Mondal, learned counsel appearing for the petitioners and Mr. T. N. Mishra, learned Additional Public Prosecutor, Assam appearing for the State respondent.

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Page No.# 2/2

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By this application filed under Section 438 Cr.P.C., the petitioners, namely, 1. Kanchu Mondal and 2. Soleman Fakir have prayed for granting anticipatory bail apprehending their arrest in connection with Bilasipara P.S. Case No. 112/2018 under Sections 447/506/34 IPC R/W Section 4ALG(P) Act.

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The case diary as called for is placed before the court.

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Mr. Mondal submits that as per the terms of the interim anticipatory bail granted vide order, dated 30.08.2018, the petitioners have appeared before the I.O. and have given their statement under Section 161 Cr.P.C.

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Mr. Mondal further submits that the petitioners are co-operating in the investigation and there is no chance of them jumping the courses of investigation and trial.

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Mr. T. Mishra, learned Additional Public Prosecutor, Assam submits that the petitioners have appeared before the I.O. and there is no adverse report from the I.O. regarding the petitioner’s conduct during the period of interim anticipatory bail.

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Having regard to the above facts submitted by the learned counsel for both the sides and also that the petitioners have given their statement under Section 161 Cr.P.C. and further that they are co-operating in the investigation, the interim anticipatory bail granted vide order, dated 30.08.2018, is hereby made absolute, subject to the conditions:-

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(a) that the petitioners shall not directly or indirectly, make any inducement, thereat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; and

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(b) that the petitioners shall not hamper or tamper in investigation.

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With the above directions, the petition stands disposed of.

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JUDGE

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Comparing Assistant

Kanchu Mondal and Anr. v. the State of Assam

Case brief

What is this about?

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Kanchu Mondal and Anr. v. the State of Assam

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