Allowed

Somnath Bhattacharjya v. the State of Assam

Gauhati HC7 Dec 2018AB/2802/2018

Case brief

AI extract

What is this about?

Permitting Middleware Agent: The petitioner, Somnath Bhattacharjya, sought pre-arrest bail under Section 438 Cr.PC for charges under Section 498A IPC and Dowry Prohibition Act. The court confirmed the interim bail granted on 10.09.2018 as absolute upon specific conditions regarding investigation cooperation and non-reoffending, deeming custodial interrogation unnecessary.

What did the court decide?

The interim pre-arrest bail granted vide order dated 10.09.2018 is made absolute subject to conditions of cooperating in investigation, not inducing witnesses to withhold facts, not committing similar

Somnath Bhattacharjya Vs the State of Assam — Domestic Violence | Gauhati HC (2018)

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GAHC010201012018

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

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Case No. : AB 2802/2018

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1:SOMNATH BHATTACHARJYA S/O. SUBHAH BHATTACHARYYA, R/O. 29, ROYNAGAR, BANDA ALI POLY ROAD (MADHYAPARA), P.S. BANSDRONI, DIST. KOLKATA, WEST BENGAL700070.

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VERSUS

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1:THE STATE OF ASSAM REP. BY PP, ASSAM.

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Advocate for the Petitioner : MR S DEKA

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 07-12-2018

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Heard Mr. S Deka, learned counsel for the petitioner as well as Ms. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent.

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This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Somnath Bhattacharjya, in connection with Jalukbari PS Case No. 619/2018 under Section 498A of the IPC read with Section 4 of the Dowry Prohibition Act.

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The case diary called for is placed before the court.

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In terms of the interim pre-arrest bail granted to the petitioner on 10.09.2018, the petitioner appeared before the Investigating Officer and got his statement recorded. The petitioner is co-

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operating in the investigation also.

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In view of the above, custodial interrogation of the accused-petitioner is not found to be required and therefore, the interim pre-arrest bail granted to the accused-petitioner, vide order, dated 10.09.2018, is hereby made absolute subject to the following conditions:-

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The petitioner shall co-operate in investigation and shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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The petitioner shall not commit similar offence of which he is accused of in the instant case.

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Return the case diary.

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The petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Somnath Bhattacharjya v. the State of Assam

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Somnath Bhattacharjya v. the State of Assam

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