The Gauhati High Court disposed of a pre-arrest bail application. Finding the allegations indicated mal-adjustment rather than severe assault or torture, the court granted interim bail made absolute.
The interim bail granted earlier is made absolute; the bail application is disposed of.
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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GAHC010116382020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2223/2020
1:DHAN DAS
S/O AKON DAS, R/O SATGAON KOCHPARA, PO UDAYAN VIHAR, PS SATGAON, GUWAHATI-26, DIST. KAMRUP(M), ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. M A ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 15-10-2020
By filing this petition under Section 438 of the CrPC, the petitioner, namely, Dhan Das has sought for pre-arrest bail in connection with Satgaon P.S. Case No.127/2020 registered under Section 498(A)/307 of the IPC.
Heard the learned counsel for the petitioner as well as the learned Addl. P.P., Assam for the State respondent and also perused the record and the case diary.
The informant herein married with the present petitioner about 15 years back and they have a child of 13 years old. In her statement she has stated about certain matter of altercation between the parties and sometime assault etc. but there is no mention of any specific incident of torture or severe assault to attract the offence under Section 498(A) or 307 IPC. A picture of mal adjustment is
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reflected from her statement and custodial detention of the accused appears to be not warranted.
Considering all entirety of the matter, the interim bail granted earlier on 08.09.2020 is hereby made absolute.
Accordingly, the bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted when the allegation involves marital discord without specific incidents of torture or severe assault.
2 provisions across 2 enactments
Dhan Das
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
