Allowed

Bajrangi Lal Bin v. the State of Assam

Gauhati HC6 Dec 2019AB/3921/2019

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail under Section 438 Cr.P.C. in a cheating case. Court found no prima facie incriminating material warranting custody. Avoiding harm to investigation, the interim anticipatory bail was made absolute subject to standard investigative conditions.

What did the court decide?

The interim anticipatory bail is made absolute subject to conditions of appearing before I.O., not hampering investigation, and not inducing witnesses.

Bajrangi Lal Bin Vs the State of Assam — Cheating and Forgery | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010270732019

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

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Case No. : AB 3921/2019

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1:BAJRANGI LAL BIN

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S/O- LATE SITA RAM BIN, PERMANENT R/O- NEW COLONY PUMP ROAD, P.S AND P.S- LUMDING, DIST- HOJAI, TEMPORARY R/O- LOKHRA CHARIALI, DIST- KAMRUP(M), ASSAM, PIN- 782447

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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 : MS. K JAIN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 06-12-2019

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Heard Ms. K. Jain, learned counsel for the petitioner and Mr. H. Sarma, learned Additional Public Prosecutor, appearing for the State respondent.

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By this petition under Section 438 Cr.P.C., the petitioner, namely, Bajrangi Lal Bin , has prayed for pre-arrest bail apprehending his arrest in connection with Basistha P.S. Case No. 1802/2019 under Sections 420/406 of the IPC.

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The case diary, as called for, is placed before the Court.

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Page No.# 2/2

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On scrutiny of the case diary, it is revealed that there is no sufficient prima facie incriminating material against the petitioner justifying his custodial interrogation in the interest of further investigation in the case. Therefore, this Court is of the considered view that if the privilege of pre-arrest bail is granted to the accused, further investigation in the case is unlikely to be adversely affected.

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Therefore, the interim anticipatory bail granted in favour of the petitioner, vide order, dated 06.11.2019, is hereby made absolute, subject to the conditions (i) that the petitioner shall appear before the I.O. of the case as and when required for the purpose of investigation; (ii) that the petitioner shall not hamper or tamper with the investigation in any manner; (iii) 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 from disclosing such facts to the Court or to any police officer.

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Return the case diary.

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With the above directions, the anticipatory bail application stands disposed of.

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JUDGE

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Comparing Assistant

Bajrangi Lal Bin v. the State of Assam

Case brief

What is this about?

What did the court decide?

Bajrangi Lal Bin 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

Coram

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