Allowed

Nitan Gogoi v. the State of Assam

Gauhati HC23 Jul 2019AB/1489/2019

Case brief

AI extract

What is this about?

This order grants pre-arrest bail to petitioners facing allegations of selling beer to a juvenile under Section 77 of the Juvenile Justice Act. The Court held that custodial interrogation was not necessary as the petitioners had already been interrogated.

What did the court decide?

The prayer for pre-arrest bail was allowed and the interim bail order was made absolute under the same terms and conditions.

Nitan Gogoi Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010109372019

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

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Case No. : AB 1489/2019

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1:NITAN GOGOI

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S/O LT. SARBESWAR GOGOI R/O NO,. 1 ,HILODARI, DHAKHUANA, P.S. DHAKHUAKHANA, DIST.-LAKHIMPUR, ASSAM, PIN-787055

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VERSUS

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

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Advocate for the Petitioner : MR G UZIR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 23-07-2019

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Heard Mr. G Uzir, learned senior counsel for the petitioners in AB No. 1489/2019 as well as AB No. 1491/2019 and Mrs. A Begum, learned Additional Public Prosecutor, appearing for the State of Assam.

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By this application, under Section 438 of the Cr.PC, the petitioners, namely, Sri Nitan Gogoi in AB No. 1489/2019 and Sri Pranab Kr. Gogoi in AB No. 1491/2019 , have prayed for granting pre-arrest bail apprehending arrest in connection with Dhakhuakhana PS Case No. 70/2019 under Section 77 of the Juvenile Justice

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Page No.# 2/2

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Act.

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Case diary called for is received and perused.

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It appears that the petitioners were granted interim pre-arrest bail and they have been interrogated by the police in the meantime.

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Allegation made against the petitioners is that they sold beer to a juvenile.

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Having regard to the allegations made in the FIR and the fact that the petitioners have already been interrogated in the meanwhile, this court is of the view that custodial interrogation of the accused-petitioners may not be necessary for the investigation of the present case and as such, the prayer for pre-arrest bail deserves to be allowed.

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Accordingly, the order, dated 20.05.2019 in AB No. 1489/2019 and AB No. 1491/2019, granting interim bail to the petitioners is hereby made absolute under the same terms and conditions.

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The pre-arrest bail applications stands disposed off.

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Send back the case diary.

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JUDGE

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Comparing Assistant

Nitan Gogoi v. the State of Assam

Case brief

What is this about?

What did the court decide?

Nitan Gogoi v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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