Allowed

Rabin Ch. Kumar and 2 Ors. v. the State of Assam

Gauhati HC1 Apr 2019AB/395/2019

Case brief

AI extract

What is this about?

This Order grants pre-arrest bail to three petitioners facing charges under Sections 498(A), 506, and 34 IPC related to allegations of assault. The court held custodial interrogation unnecessary for petitioners 2 and 3, making their interim bail absolute, while granting bail to petitioner 1 with standard conditions.

What did the court decide?

Interim pre-arrest bail made absolute for petitioners 2 and 3; pre-arrest bail granted to petitioner 1 on furnishing a bond of Rs. 10,000.

Rabin Ch. Kumar and 2 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010030702019

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

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Case No. : AB 395/2019

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1:RABIN CH. KUMAR AND 2 ORS.

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S/O SRI BHAGABAN KUMAR, R/O BORIPARA, MALIGAON, PO PANDU, PS JALUKBARI, DIST. KAMRUP (M), ASSAM

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2: BHAGABAN KUMAR S/O LATE GOVIND KUMAR R/O BORIPARA MALIGAON PO PANDU PS JALUKBARI DIST. KAMRUP (M) ASSAM

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3: DAIBAKI KUMAR W/O SRI BHAGABAN KUMAR R/O BORIPARA MALIGAON PO PANDU PS JALUKBARI DIST. KAMRUP (M) ASSA

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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 A ALI

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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 : 01-04-2019

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This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioners, namely, 1) Rabin Ch. Kumar, 2) Sri Bhagaban Kumar, and 3) Sri Daibaki Kumar, in connection with All Women Police Station Case No. 20/2019 under Sections 498(A)/506/34 IPC.

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Heard Mr. A. Ali, learned counsel for the petitioners as well as Mr. B. Sarma, learned Additional Public Prosecutor for the state respondent.

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Case diary produced has been perused including the statement of the victim.

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There is no such materials in the case diary requiring custodial interrogation of the petitioners. The allegation is basically of assaults on the person of the victim by the petitioners. On the other hand, the petitioner Nos. 2 & 3 are already on interim prearrest bail and they have appeared before the investigating officer. They are not alleged to have misused the liberty granted to them while availing interim pre-arrest bail. On consideration of the materials in the case diary, this court is of the view that custodial interrogation of the petitioners is not necessary. That being so, the interim pre-arrest bail granted to the petitioner Nos. 2 & 3, vide order dated 15.2.2019, is made absolute on the same terms and conditions.

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So far the petitioner No. 1 is concerned, he will appear before the investigating officer, and in the event of his arrest, he shall be released on bail on his furnishing a bail bond of Rs. 10,000/- to the satisfaction of the arresting authority on the following conditions:

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(1) 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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(2) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case, and

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(3) 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

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dissuade him from disclosing such facts to the Court or to any police officer.

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The petition stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Rabin Ch. Kumar and 2 Ors. v. the State of Assam

Case brief

What is this about?

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Rabin Ch. Kumar and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

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