The Gauhati High Court granted anticipatory bail to four petitioners arrested/facing arrest in a police case involving financial dispute, vehicle damage, and alleged kidnapping, finding the incidents arose from a private dispute.
Granted anticipatory bail of Rs. 10,000/- each, subject to appearance before I.O. and cooperation in investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC040007882020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 137/2020
1:DUDU KINO
S/O PINZANG KINO, RESIDENT OF MEBUA CAMP, PO/PS SEPPA, DISTRICT EAST KAMENG, SEPPA, AP.
VERSUS
1:THE STATE OF AP
REPRESENTED BY THE PUBLIC PROSECUTOR, AP. GAUHATI HIGH COURT
Advocate for the Petitioner : S K Deori
Advocate for the Respondent : P P of AP
Case No. : AB 134/2020
1:KAKANG LOCHUNG
S/O SHRI TAKHYO LOCHUNG , RESIDENT OF ALC LINE, PO/PS SEPPA, DISTRICT EAST KAMENG, SEPPA, AP.
VERSUS
1:THE STATE OF AP
TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, AP. GAUHATI HIGH COURT.
Advocate for the Petitioner : S K Deori
Advocate for the Respondent : P P of AP
Case No. : AB 135/2020
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1:JOHN KHORA
S/O TARO KHORA, PERMANENT RESIDENT OF MEBUA -II, EAST KAMENG , PO/PS SEPPA, DISTRICT EAST KAMENG AP.
VERSUS
1:THE STATE OF AP
REPRESENTED BY THE PUBLIC PROSECUTOR, AP . GAUHATI HIGH COURT.
Advocate for the Petitioner : S K Deori
Advocate for the Respondent : P P of AP
Case No. : AB 136/2020
1:TAME KINO
S/O LOGO KINO RESIDENT OF MEBUA CAMP,PO/PS SEPPA, DISTRICT EAST KAMENG, SEPPA, AP.
VERSUS
1:THE STATE OF AP
TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, AP AND GAUHATI HIGH COURT.
Advocate for the Petitioner : S K Deori
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 23-11-2020
All the Anticipatory Bail Applications are taken up together by this common order as they have arisen out of the same Police Case.
Heard the learned counsel, Mr. S. K. Deori, appearing for the petitioners. Also heard Mr. U. Bori, learned Additional Public Prosecutor, Arunachal Pradesh, for the State respondent.
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The petitioners, namely, Shri Kakang Lochung, Shri John Khora, Shri Tame Kino and Shri Dudu Kino, have filed these Anticipatory Bail Applications under Section 438 of the Cr.P.C. praying for grant of pre-arrest bail in the matter of Doimukh P.S. Case No. 87/2020, registered under Section 341/395/365/324 /427 of the Indian Penal Code.
The informant borrowed a sum of Rs. 5 Lakhs from a person called Rohit Kino for doing business. He was to return the said money but he failed to return the same. On this issue, on 24.10.2020, while the informant was going towards Assam in his Bolero Vehicle, some persons, travelling in more than 1 (one) vehicles, stopped the aforesaid Bolero Vehicle of the informant. Those persons caused damaged to the Bolero Vehicle and also beat the informant. It is further alleged in the F.I.R. that those miscreants had taken away the Bolero Vehicle containing valuable articles and a cash amount of Rs. 40,000/- (Rupees fourty thousand) only. It is also alleged in the F.I.R. that while the Bolero Vehicle was taken away, its other occupants were also kidnapped.
After the said occurrence, the informant and the brother of Rohit Kino had an agreement, whereby, the informant agreed to return the borrowed money and also agreed to withdraw the present case.
The Case Diary, as called for, has been produced by the learned Additional Public Prosecutor before this Court, which has been perused.
Today, after perusal of the Case Diary, I find that the petitioners, except the petitioner, Shri Tame Kino, were just present at the place of occurrence and there are no incriminating materials against them.
So far as the allegation against the petitioner, Shri Tame Kino, is concerned, I find that he had forcibly taken away the Bolero Vehicle of the informant and, subsequently, returned it.
There is no doubt that the incident, as alleged in the F.I.R., is concerned, it took place only because of a financial dispute between the informant and Rohit Kino. The offence alleged against the petitioner, Shri Tame Kino, seems to be a private dispute. Therefore, I am of the considered opinion that the petitioner, Shri Tame Kino, along with other petitioners, do not deserve to be detained in custody for the allegation brought against them and, therefore, the pre-arrest bail prayers of all the petitioners are allowed. Accordingly, it is hereby directed that in the event the petitioners, namely, Shri Kakang Lochung, Shri John Khora, Shri Tame Kino and Shri Dudu Kino, are arrested by the Investigating Officer in connection with Doimukh P.S. Case No. 87/2020, registered under Section 341/395/365/324/427 of the Indian Penal Code, they shall be released on pre-arrest bail
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on furnishing a bail bond of Rs. 10,000/- (Rupees ten thousand) only each with a surety of like amount subject to the satisfaction of the arresting authority. It is further directed that the petitioners shall make themselves available before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; shall render full cooperation in the investigation of the case and shall not indulge themselves in any activities which are detrimental to the investigation.
The Anticipatory Bail Applications are allowed in terms above and, accordingly, stands disposed of.
The Case Diary shall be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether anticipatory bail should be granted in a private dispute arising from a financial disagreement involving vehicular robbery and kidnapping allegations.
2 provisions across 2 enactments
Dudu Kino
Kakang Lochung
John Khora
Tame Kino
The State of AP
Partyhjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
