Allowed

Lal Chan Ali v. the State of Assam

Gauhati HC13 Jun 2019AB/1307/2019

Case brief

AI extract

What is this about?

This Court granted anticipatory bail to the petitioner, Lal Chan Ali, in connection with a case registered under Sections 457/376 IPC. The Court held that custodial interrogation was not necessary for the investigation and imposed standard conditions for release on bail.

What did the court decide?

Petitioner granted pre-arrest bail on furnishing Rs. 20,000 with one surety, subject to conditions to appear and not interfere with witnesses.

Lal Chan Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2019)

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GAHC010093322019

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

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Case No. : AB 1307/2019

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1:LAL CHAN ALI

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S/O LATE ANSER ALI, R/O VILL-BHANGNAMARI, P.O. AND P.S.BHANGNAMARI, DIST-NALBARI, ASSAM

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VERSUS

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1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR M AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE AJIT BORTHAKUR

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13.06.2019

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Heard Mr. M Ahmed, learned counsel for the petitioner as well as Mr. B Sarma, learned Additional Public Prosecutor, Assam.

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By this application filed under Section 438 Cr.P.C., the petitioner, namely, Lal Chan Ali has prayed for granting him pre-arrest bail in connection with Bhangnamari PS Case No.17/2019 (corresponding to GR No.662/2019) registered under Section 457/376 IPC.

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Case diary, as called for, is placed before the Court.

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On perusal of the case diary, it appears that the victim is a married lady and she in her statement recorded under Sections 161 and 164 CrPC implicated the petitioner with the

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alleged offences. On conjoint perusal of the aforesaid statements of the alleged victim recorded under Sections 161 and 164 Cr.P.C. and other evidence, so far recorded by the Investigating Officer, this Court finds that custodial interrogation of the petitioner is not necessary for the purpose of investigation of the case.

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Therefore, it is provided that in the event of arrest of the petitioner, namely, Lal Chan Ali in connection with Bhangnamari PS Case No.17/2019 , he shall be released on prearrest bail on furnishing bail bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the arresting authority.

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The above pre-arrest bail order is subject to the following conditions;

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That the petitioner shall appear before the Investigating Officer of Bhangnamari PS Case No.17/2019 within 10 (ten) days from today; and

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That 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/her from disclosing such facts to the Court or to any police officer.

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Accordingly, the anticipatory bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Lal Chan Ali v. the State of Assam

Case brief

What is this about?

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Lal Chan Ali v. the State of Assam

Case brief

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What the court decided

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