Allowed

Tapan Ch. Boro v. the State of Assam

Gauhati HC12 Oct 2020AB/2246/2020

Case brief

AI extract

What is this about?

The Court made an order granting absolute pre-arrest bail (anticipatory bail) to the petitioner in a suicide case under Section 306 IPC after observing from the case diary that no abetment was revealed and further investigation beyond bail may not be fruitful.

What did the court decide?

The order dated 10.09.2020 granting interim prearrest bail is made absolute; anticipatory bail application stands disposed of.

Tapan Ch. Boro Vs the State of Assam — Anticipatory Bail | Gauhati HC (2020)

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GAHC010117302020

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THE GAUHATI HIGH COURT

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

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Case No. : AB 2246/2020

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1:TAPAN CH. BORO

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S/O LATE KEHMAL BORO, VILL-GOMTHAPARA, P.O.-DEODHANIGHAT, P.S.SIPAJHAR, DIST-DARRANG, ASSAM

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VERSUS

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1:THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. A M BARBHUIYA

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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, Sri Tapan Chandra Boro has prayed for pre-arrest bail in connection with Salbari Police Station Case No. 48/2016 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 sister-in-law of the informant had committed suicide by hanging herself and had left a suicide note wherein it was written that the present petitioner would not maintain love affairs with her forever and, therefore, she had

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chosen to commit suicide.

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Materials on record reveal that the deceased was a grown up girl of 22 years and she was in love with the present petitioner. The deceased often pressurized the petitioner to marry her, to which the petitioner refused as he was already married. Still the deceased continued her affairs with the present petitioner, however, due to consistent refusal of the petitioner to marry her, she finally committed suicide.

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The statements of the accused petitioner as well as other witnesses have been recorded.

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It appears that the deceased chose to commit suicide of her own and no short of abetment on the part of the present petitioner is revealed from the materials on record.

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In view of the above, this Court is of the opinion that custodial interrogation of the accused petitioner can be dispensed with.

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Accordingly, the order dated 10.09.2020, 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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Comparing Assistant

Tapan Ch. Boro v. the State of Assam

Case brief

What is this about?

What did the court decide?

Tapan Ch. Boro v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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