Allowed

Ananta Baruah @ Ananta Boruah v. the State of Assam

Gauhati HC2 Apr 2019AB/250/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to the petitioner in a forgery and public Trust offence, finding no necessity for custodial interrogation as the matter involved a breach of agreement where the petitioner had not misused interim liberty.

What did the court decide?

Petitioner's prayer for pre-arrest bail allowed; interim pre-arrest bail made absolute on same terms.

Ananta Baruah @ Ananta Boruah Vs the State of Assam — Anticipatory Bail | Gauhati HC (2019)

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GAHC010019952019

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

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Case No. : AB 250/2019

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1:ANANTA BARUAH @ ANANTA BORUAH S/O- SRI DILIP BORUAH, R/O- SUNALIPATHAR, KUKI BASTI, P.OCHUNGAJAN, DIST- GOLAGHAT, ASSAM, PIN- 785601

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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. M DUTTA

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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 : 02-04-2019

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This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Ananta Baruah @ Ananta Boruah, in connection with Panbazar PS Case No. 42/2017 under Sections 342/409/506 IPC.

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Heard Mr. M. Dutta, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor for the state respondent.

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Case diary produced has been perused.

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On perusal of the case diary, it appears that the whole crux of the matter is the violation of an agreement by the petitioner which he entered into with the informant. In the meantime, the petitioner appeared before the investigating officer and his statement has been recorded after obtaining interim pre-arrest bail vide order, dated 1.2.2019. He is not alleged to have misused the liberty granted to him while availing interim pre-arrest bail. Considering the above materials in the case diary, this court is of the view that this is not a case where

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custodial interrogation of the petitioner is necessary, and accordingly, his prayer for pre-arrest bail is allowed.

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The interim pre-arrest bail granted to the petitioner, vide order dated 1.2.2019, is made absolute on the same terms and conditions.

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It has been submitted by the learned counsel for the petitioner that the case was originally registered as Boko PS Case No. 613/2018. However, the case has been transferred to Panbazar Police Station, which was registered being Panbazar PS No. 42/2017. That being so, this order may be read as the order passed in Panbazar PS Case No. 42/2017. The petition stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Ananta Baruah @ Ananta Boruah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ananta Baruah @ Ananta Boruah 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

Statutes considered

Parties & counsel

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