Allowed

Smt. Lakshmi Rai v. the State of Assam

Gauhati HC11 Aug 2021AB/101/2021

Case brief

AI extract

What is this about?

The Gauhati High Court made interim pre-arrest bail absolute for the petitioner. Finding that custodial interrogation was not necessary, the Court imposed conditions regarding cooperation with investigation and not influencing witnesses before the closing of the bail application.

What did the court decide?

The interim pre-arrest bail granted vide order dated 19.04.2021 was made absolute subject to standard conditions of cooperation and non-interference.

Smt. Lakshmi Rai Vs the State of Assam — Cheque Dishonour | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010004692021

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

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Case No. : AB/101/2021

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SMT. LAKSHMI RAI

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D/O SHRI DAMBER BAHADUR @ DHUR BAHADUR @ DOOR BAHADUR, VILL-LAILAPUR (NEAR BAZAR), P.O.-LAILAPUR, P.S.-DHOLAI, DISTCACHAR, ASSAM, PIN-788120

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER

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Date : 11.08.2021

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Heard Mr. I. A. Hazarika, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor for the State/respondent.

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By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Smt. Lakshmi Rai , has prayed for granting pre-arrest bail, apprehending her arrest in connection with Dholai P.S. Case No. 195/2019 under Sections 420/370/34 of the IPC.

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Page No.# 2/2

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The Case diary, as called for, is placed before the Court.

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It may be mentioned that by order, dated 19.04.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

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Mr. B. B. Gogoi, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the Investigating Officer and got her statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.

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Accordingly, the interim pre-arrest bail granted vide order, dated 19.04.2021 is hereby made absolute, subject to the following conditions-

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(i) That the petitioner shall co-operate in investigation as and when required; and

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(ii) That 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.

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Return the case diary.

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This disposes off the anticipatory bail application.

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JUDGE

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Comparing Assistant

Smt. Lakshmi Rai v. the State of Assam

Case brief

What is this about?

What did the court decide?

Smt. Lakshmi Rai 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

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