Allowed

Mahendra Kumar Karwa v. the State of Assam

Gauhati HC6 Dec 2018AB/2857/2018

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail under Section 438 Cr.P.C. in an IPC case. Court found no prima facie incriminating material. Interim bail granted earlier was made absolute subject to standard conditions of cooperation and non-interference.

What did the court decide?

The interim pre-arrest bail granted on 14.09.2018 stands confirmed subject to conditions of appearing before I.O. within 15 days, cooperating with investigation, and not inducing witnesses.

Mahendra Kumar Karwa Vs the State of Assam — Anticipatory Bail | Gauhati HC (2018)

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GAHC010205832018

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

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Case No. : AB 2857/2018

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1:MAHENDRA KUMAR KARWA S/O LT. SHIVRATAN KARWA R/O A.T. ROAD, BEHIND 2 NO. PATROL PUMP, KHUTIKATIA, HAIBARGAON DIST. NAGAON, ASSAM

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

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Advocate for the Petitioner : MR. A CHAUDHURY

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Advocate for the Respondent : PP, ASSAM

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- B e f o r e -

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Hon’ble Mr. Justice AJIT BORTHAKUR

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06-12-2018

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Heard Mr. A. Choudhury, learned counsel appearing for the petitioner and Mr. T. K. Mishra, learned Additional Public Prosecutor, Assam appearing for State respondent.

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By this petition, under Section 438 of the Cr.P.C., the petitioner namely, Sri Mahendra Kumar Karwa, has prayed for pre-arrest bail, apprehending

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arrest in connection with Bokolia PS Case No. 72/2018, under Sections 468/409/34 of the IPC.

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

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Be it mentioned here that by order, dated 14.09.2018, the petitioner was granted interim pre-arrest bail, subject to conditions.

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Mr. A. Choudhury, learned counsel for the petitioner, submits that in terms of the interim pre-arrest bail, the petitioner is co-operating with the police in investigation.

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Mr. T. Mishra, learned Additional Public Prosecutor, Assam submits that the F.I.R. is based on a false and concocted story and as such, the interim pre-arrest bail granted to the petitioner may be confirmed.

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Perusal of the case diary reveals no prima facie incriminating material against the petitioner, subject, however, to further investigation, and therefore, custodial interrogation of the petitioner is not warranted.

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Accordingly, the interim pre-arrest bail granted vide order, dated 14.09.2018 is hereby made absolute, subject to the following conditions:-

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The petitioner shall appear before the I.O. within 15 days and cooperate with the investigation; and

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The petitioner 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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Return the case diary.

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JUDGE

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Comparing Assistant

Mahendra Kumar Karwa v. the State of Assam

Case brief

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Mahendra Kumar Karwa v. the State of Assam

Case brief

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