Allowed

Jitu Boruah v. the State of Assam

Gauhati HC24 Feb 2020AB/60/2020

Case brief

AI extract

What is this about?

This judgment grants pre-arrest bail to the petitioner under Section 438 CrPC, who faced apprehension of arrest in a case involving alleged robbery and extortion. The court observed a lack of incriminating material in the case diary justifying custodial interrogation.

What did the court decide?

Pre-arrest bail granted subject to appearance before the Investigating Officer within 15 days and cooperation with investigation without interfering with witnesses.

Jitu Boruah Vs the State of Assam — Anticipatory Bail | Gauhati HC (2020)

¶1

Page No.# 1/2

¶2

GAHC010002172020

¶3

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

¶4

Case No. : AB 60/2020

¶5

1:JITU BORUAH

¶6

S/O SRI MOHAN BARUAH, VILL-KAMCHI TINIALI, P.O.-SRIPANI, P.S.SILAPATHAR, DIST-DHEMAJI, ASSAM

¶7

VERSUS

¶8

1:THE STATE OF ASSAM

¶9

REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶10

Advocate for the Petitioner : MR. I CHOUDHURY

¶11

Advocate for the Respondent : PP, ASSAM

¶12

BEFORE

¶13

HONOURABLE MR. JUSTICE MIR ALFAZ ALI

¶14

ORDER

¶15

Date : 24-02-2020

¶16

This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Jitu Boruah, apprehending arrest in connection with Silapathar PS Case No. 482/2019 under Section 392 IPC (GR No. 1244/19).

¶17

Heard Mr. I. Choudhury, learned counsel for the petitioner as well as Mr. T.K. Misra, learned Additional Public Prosecutor, appearing for the State of Assam.

¶18

Page No.# 2/2

¶19

Perused the FIR and the documents annexed with the petition and also the case diary produced today.

¶20

The allegation made in the FIR by the informant was that the petitioner, on the pretext of shopping went with him on his motorcycle and after proceeding some distance, he along with some of his associates forcibly put him into a vehicle and took away 4 tola gold chain and 4 gold ring and Rs. 1,50,000/- and also took signature on some papers forcibly.

¶21

Learned counsel for the petitioner submits that the petitioner owe a huge amount to the informant and there was some altercation on the issue of such debt and the FIR was lodged by making some concocted allegation.

¶22

Case diary does not reflect any incriminating material against the petitioner justifying his custodial interrogation in the interest of investigation and as such the prayer for pre-arrest bail deserves to be allowed. Accordingly, it is provided that in the event of arrest of the petitioner, he shall be released on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions.

¶23

The petitioner shall appear before the Investigating Officer within 15 days and co-operate with the investigation.

¶24

The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

¶25

Bail application is disposed of.

¶26

Return the case diary.

¶27

JUDGE

¶28

Comparing Assistant

Jitu Boruah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jitu Boruah 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

Similar cases

Ananda Chandra Dutta Vs the State of Assam

Rajiv Jyoti Sarma Vs the State of Assam

Lachit Barman Vs the State of Assam

Akram Choudhury Vs the State of Assam

Akram Choudhury Vs the State of Assam

Jitu Borah Vs the State of Assam