Allowed

Dhrubajyoti Das v. the State of Assam

Gauhati HC12 Oct 2020AB/2224/2020

Case brief

AI extract

What is this about?

In an application under Section 438 IPC for anticipatory bail regarding an abetment of suicide case under Section 306 IPC, the Gauhati High Court held that no evidence of harassment or payment dispute aiding suicide existed. Consequently, custodial interrogation was deemed unwarranted, and the interim bail order was made absolute.

What did the court decide?

The order dated 17.09.2020 granting interim pre-arrest bail was made absolute and the anticipatory bail application was disposed of.

Dhrubajyoti Das Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010117132020

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

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Case No. : AB 2224/2020

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1:DHRUBAJYOTI DAS S/O- SRI KAILASH CH. DAS, R/O- H.NO. 66 (A), KUSHAL NAGAR, BAMUNIMAIDAN, P.O. BAMUNIMAIDAN, P.S. CHANDMARI, GHY-21, DIST.KAMRUP (M), ASSAM

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VERSUS

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1:THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR. N C DAS

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 12-10-2020

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By this application under Section 438 of the IPC, the petitioner, namely, Dhrubajyoti Das has prayed for pre-arrest bail in connection with Dispur Police Station Case No. 2631/2019 registered under Section 306 of the IPC.

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Heard the learned counsel appearing for both the parties and perused the Case Diary produced before me.

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The allegation against the present petitioner that the husband of the informant had committed suicide because of the mental torture meted out to him by the present petitioner

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and another person, namely, Janaoik Deb. It is alleged that deceased Subhash Das was in search of job and the present petitioner and said Janaoik Deb asked Rs. 50,000/- from deceased Subhash Das to provide him with job in lieu of the money. Subhash Das could not manage the money and committed suicide.

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The facts emerging from the case diary do not reveal that Subhash Das had paid any money to the aforesaid two persons nor is any picture of harassment revealed from the case diary so as to come to the conclusion that the deceased was abetted to committed suicide by the present petitioner or by said Janaoik Deb. In his suicide note also the deceased has indicated that due to his failure to pay the money he committed suicide.

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Considering the matter in its entirety, this Court is of the opinion that custodial interrogation of the accused petitioner is not warranted.

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Accordingly, the order dated 17.09.2020, passed by this Court granting interim prearrest bail to the petitioner is hereby made absolute.

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Anticipatory Bail Application stands disposed of.

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Return the Case Diary.

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JUDGE

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Comparing Assistant

Dhrubajyoti Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

Dhrubajyoti Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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