Allowed

Diganta Rohang v. the State of Assam

Gauhati HC5 Oct 2020Bail Appln./1757/2020

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the accused under Section 439 Cr.P.C. regarding a murder and cheating case. The court concluded that further detention was not essential for the investigation after considering the postmortem report and the period of custody.

What did the court decide?

Accused released on bail on furnishing a bond of Rs.20,000/- with one surety, subject to standard bail conditions.

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

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Page No.# 1/3

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GAHC010118492020

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

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Case No. : Bail Appln. 1757/2020

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1:DIGANTA ROHANG

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S/O SRI ANANTA ROHANG, R/O BORBARI, BORTILA PATH, P.S.-DISPUR, DIST-KAMRUP(M), 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 : MS RIMPI DUTTA

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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05-10-2020

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The Court proceedings have been conducted through Video-Conference.

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This is an application made under Section 439 Cr.P.C., seeking bail by the accused-

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petitioner, namely, Sri Diganta Rohang , in connection with Dispur Police Station Case No.1348/2020 , registered under Sections 384/306 of the Indian Penal Code.

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Heard Ms. Rimpi Dutta, learned counsel for the petitioner. Also heard Mr. Bidyut Sarma, learned Additional Public Prosecutor, Assam for the Respondent State.

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Page No.# 2/3

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Case diary produced has been perused.

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On perusal of the materials in the case diary, particularly the postmortem examination report, it appears that the death of the deceased is due to asphyxia following anti-mortem suicidal hanging. From the inquest report, it also appears that the dead body was found hanging. There is statement of the wife of the deceased that the petitioner had put pressure on the deceased to compensate him with an amount of Rs.20,000/- and also obtained his signature on some blank papers after the auto van belonging to the accused petitioner, while being driven by the deceased, met with an accident causing damage to it. The compensation was in respect of the damage caused to the auto van. The date of accident of the auto van was 6.6.2020 and the date of death of the deceased is 13/14.06.2020.

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The deceased apparently died after about 8-9 days of the aforesaid incident of accident. Therefore, the learned counsel for the petitioner submitted that the death of the deceased might not be linked with the aforesaid incident. In the meantime, the accused petitioner has been in custody for about 41 days as on date.

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Considering the above background facts including the postmortem examination report and the period of detention of the accused petitioner in custody, in the considered opinion of the Court, further custodial detention of the accused petitioner is not necessary in the interest of investigation of the case. His release on bail is unlikely to adversely affect further investigation of the case.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kamrup (Metro) at Guwahati.

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The direction for bail is further subject to the conditions that the accused-petitioner:

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(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup

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(Metro) at Guwahati, without prior written permission from him;

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(b) shall not hamper with the investigation, or tamper with the evidence of the case;

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(c) 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.

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Page No.# 3/3

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In terms of the above, this bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Diganta Rohang v. the State of Assam

Case brief

What is this about?

What did the court decide?

Diganta Rohang v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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