Allowed

Kamal Krishna Pathak v. the State of Assam

Gauhati HC10 Jan 2019AB/2/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to the accused-petitioner in a theft case. The court held it was a fit case as witnesses had not implicated the accused in the case diary. Bail was granted on standard conditions including appearance before the police and furnishing a bond.

What did the court decide?

Granted pre-arrest bail on condition of appearance before IO within 7 days and furnishing a bond of Rs. 10,000 with a surety.

Kamal Krishna Pathak Vs the State of Assam — Anticipatory Bail | Gauhati HC (2019)

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GAHC010000262019

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

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Case No. : AB 2/2019

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1:KAMAL KRISHNA PATHAK

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S/O. SRI ASWINI PATHAK, VILL. BADHAKARA DAMURIKHOWA, P.O. BADHAKARA, P.S. BOGINADI, DIST. LAKHIMPUR, ASSAM-787032.

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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. J C GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 10-01-2019

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Heard Mr. JC Gogoi, learned counsel for the accused-petitioner as well as Mr. B Sarma, 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 Kamal Krishna Pathak, in connection with Boginadi PS Case No. 214/2018 registered under Section 395 of the IPC.

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Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court.

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On perusal of the materials in the case diary, it does not appear that the witnesses have

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implicated the accused-petitioner with the commission of the alleged offence. That being so, this is a fit case for grant of privilege of pre-arrest bail. Accordingly, granted.

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The accused-petitioner shall appear before the Investigating Police Officer within a period of 7 (seven) days from today, and, in the event of his arrest, he shall be released on furnishing a bail bond of Rs. 10,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority, on the following conditions:-

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The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge,

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The petitioner shall not hamper with the investigation, or tamper with the evidence of the case, 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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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Kamal Krishna Pathak v. the State of Assam

Case brief

What is this about?

What did the court decide?

Kamal Krishna Pathak v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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