Dismissed

Nandalal Barman @ Nanda Barman and Anr. v. the State of Assam

Gauhati HC7 Feb 2020AB/197/2020

Case brief

AI extract

What is this about?

Coram Mr. Justice Soumitra Saikia dismissed an anticipatory bail petition filed by two petitioners in Gossaigaon P.S. Case No. 439/2019. The court found no changed circumstances or new grounds for bail despite the petitioners being charged with offences under Sections 143, 341, 326, 325, and 506 IPC. Incriminating materials in the case diary barred the granting of pre-arrest bail.

What did the court decide?

The prayer for pre-arrest bail is rejected and the bail petition is dismissed.

Nandalal Barman @ Nanda Barman and Anr. Vs the… — Murder and Culpable Homicide | Gauhati HC (2020)

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GAHC010009702020

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

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Case No. : AB 197/2020

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1:NANDALAL BARMAN @ NANDA BARMAN AND ANR. S/O LT. JALODHAR BARMAN, R/O VILL. CHAUTARA, P.O. AMINKATA, P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTAD, ASSAM

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2: BISADU CHANDRA BARMAN @ BISADU BARMAN S/O SADANANDA BARMAN R/O VILL. CHAUTARA P.O. AMINKATA P.S. GOSSAIGAON DIST. KOKRAJHAR BTAD ASSA

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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. A A R KARIM

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 07-02-2020

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Heard Mr. A. A. R. Karim, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional P.P. for the State of Assam.

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The petitioners, namely, 1. Sri Nandalal Barman @ Nanda Barman, 2. Sri. Bisadu Chandra Barman @ Bisadu Barman have preferred this application under Section 438 seeking pre-arrest bail in favour of in connection with Gossaigaon P.S. Case No. 439/2019 under Section 143/341/326/325/506 IPC.

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The petitioners submit that on the basis of FIR lodged on 09.10.2019 by the informant it was alleged that the petitioner assaulted the nephew- Rakibul Islam of the informant while he was outside his house making conversations over the mobile phone. It is alleged that the accused assaulted him by sharp weapons causing injury on his left arm as well as head injury. When the family members rushed to prevent the assault the sister-in-law of the informant was threatened by pointing a dagger. The family members made hue and cry and thereafter, the neighbours rushed to the spot and called the police, the police came and recovered nephew of the informant. His physical condition was serious. After receipt of the said FIR Police registered a case being Gossaigaon P.S. Case No. 439/2019 and started investigation. The petitioners relied on order dated 13.11.2019 passed in Bail Application No. 3378/2019 whereby one Gopinath Barman was released on bail. The said person was also arrested in connection with the same Gossaigaon P.S. Case No. 439/2019. The present petition is a second bail petition preferred by the same petitioner pursuant to AB No. 3659/2019 whereby this Court by order dated 19.12.2019 earlier rejected the case of the petitioners after due perusal of the case diary and upon finding incriminating materials against the petitioners. Upon due perusal of the pleadings it is seen that there is no changed circumstances/new grounds for

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preferring the second bail petition by the petitioners. Also upon due perusal of the case diary, it is seen that there being incriminating materials against the petitioners and also as no new ground having been pleaded, this Court is not inclined to grant pre-arrest bail as sought for by the petitioners.

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Accordingly, the prayer is rejected and the bail petition is dismissed. Send back the case diary.

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JUDGE

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Comparing Assistant

Nandalal Barman @ Nanda Barman and Anr. v. the State of Assam

Case brief

What is this about?

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Nandalal Barman @ Nanda Barman and Anr. v. the State of Assam

Case brief

What is this about?

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