Allowed

Dipa Devi Chetry and Anr. v. the State of Assam

Gauhati HC11 Jun 2019AB/570/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a Section 438 Cr.P.C. petition seeking anticipatory bail. Converting interim bail granted on 01.03.2019 to an absolute order, the court directed the petitioners to cooperate with investigation while prohibiting tampering with witnesses.

What did the court decide?

Interim anticipatory bail converted to absolute bail subject to conditions of cooperation with investigation and non-interference.

Dipa Devi Chetry and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010043042019

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

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Case No. : AB 570/2019

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1:DIPA DEVI CHETRY AND ANR. W/O SRI JAGANNATH DAS R/O D.C. COLONY, NEAR CIRCUIT HOUSE, P.O. AND P.S. DIPHU, DIST. KARBI ANGLONG.

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2: SIKHA BORUAH D/O SRI NAGEN BORUAH R/O BOR- NAMGHAR COLONY DIPHU P.O. AND P.S. DIPHU DIST. KARBI ANGLONG

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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. B K MAHAJAN

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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 : 11-06-2019

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Heard Mr. A. Choudhury, learned counsel for the petitioners and Ms. A Begum, learned Additional Public Prosecutor for the State of Assam.

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By this petition under Section 438 Cr.P.C., the petitioners, namely, 1. Dipa Devi

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Page No.# 2/2

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Chetry and 2. Sikha Boruah, have prayed for granting them pre-arrest bail, apprehending arrest in connection with Diphu PS Case No. 34/2019 under Sections 9/10/11 of Child Marriage Prohibition Act, 2006.

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Case diary, as called for, is placed before the Court.

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Mr. A Choudhury, learned counsel for the petitioners, submits that the petitioners are on interim pre-arrest bail granted vide order, dated 01.03.2019, and that the petitioners appeared before the I.O. and their statements under Section 161 of the Cr.P.C. got recorded.

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On perusal of the case diary, it is noticed that in terms of the conditions of the interim pre-arrest bail granted vide order, dated 01.03.2019, the petitioners appeared before the I.O. and got their statements recorded under Section 161 Cr.P.C.. The petitioners are co-operating in the investigation and there is no adverse report against the petitioners from the I.O. The case diary reveals no justifiable reason for custodial interrogation of the petitioners in the interest of further investigation of the case.

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Therefore, the interim anticipatory bail granted in favour of the petitioners, vide order, dated 01.03.2019, is hereby made absolute, subject to the conditions (i) that the petitioners shall appear before the I.O. of the case as and when required for the purpose of investigation; (ii) that the petitioners shall not hamper or tamper with the investigation in any manner; and (iii) that the petitioners 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

Dipa Devi Chetry and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Dipa Devi Chetry and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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