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Simanta Nath v. the State of Assam

Gauhati HC18 Dec 2019AB/4227/2019

Case brief

AI extract

What is this about?

The Gauhati High Court considered an anticipatory bail application under Section 438 Cr.P.C. in a kidnapping case. Finding no prima facie evidence of force or inducement, the court granted bail on depositing Rs. 10,000 subject to specific conditions.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000/- with one surety of the like amount subject to conditions of not leaving jurisdiction, not hampering investigation, and not inducing witne

Simanta Nath Vs the State of Assam — Bail and Remand | Gauhati HC (2019)

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GAHC010289992019

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

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Case No. : AB 4227/2019

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1:SIMANTA NATH

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S/O SRI CHANDRA KANTA NATH, R/O VILL-BARAMGOR, P.O.-SIPAJHAR, P.S.-SIPAJAHR, DIST-DARRANG, ASSAM, PIN-784145

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VERSUS

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1:THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : K U AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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THE HON’BLE MR JUSTICE MANISH CHOUDHURY O R D E R

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18. 12. 2019

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Heard Mr. KU Ahmed, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State.

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By this application U/s 438 of the Cr.P.C. the petitioner namely, Simanta Nath has prayed for pre-arrest bail in connection with Sipajhar P.S. Case No. 916/2019 registered under Section 366, IPC.

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The case diary as called for, has been received.

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The FIR has been lodged by the father of the alleged victim wherein it has been alleged that the alleged victim, his daughter was kidnapped by the accused petitioner. In the case

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diary, the statement of the alleged victim recorded U/s 164, Cr.P.C. is available. From the said statement, it does not prima facie appear that there was any inducement or force or insistent on the part of the petitioner and the act on the part of the alleged victim to go out of her house appeared to be voluntary.

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In the aforesaid factual situation, as have emerged from the case diary, I do not find any justification for custodial interrogation of the petitioner for the purpose of carrying out further investigation of the case. In such view of the matter, the petitioner shall appear before the Investigating Officer of the case within 10 days from today and in the event of the arrest, the petitioner shall be released on bail on furnishing of bail bond of Rs. 10,000/- with one surety of the like amount, to the satisfaction of arresting authority, subject to 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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It is, however, made clear that the observation made above, are only for the purpose of consideration of the prayer of the petitioner and the same shall not be read for any other purpose.

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This bail application stands disposed of with the aforesaid terms.

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JUDGE

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Comparing Assistant

Simanta Nath v. the State of Assam

Case brief

What is this about?

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Simanta Nath v. the State of Assam

Case brief

What is this about?

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