Allowed

Sri Gajen Buragohain and 2 Ors. v. the State of Assam

Gauhati HC12 Aug 2021AB/1470/2021

Case brief

AI extract

What is this about?

This order grants an interim anticipatory bail application filed by three petitioners registering under Sections 420/406/376/153A/34 IPC. An interim order granted earlier was made absolute without adverse reports from the investigating officer.

What did the court decide?

Interim pre-arrest bail granted earlier made absolute subject to conditions: cooperation, no inducement, and no tampering with investigation.

Sri Gajen Buragohain and 2 Ors. Vs the State of Assam — Cheating and Forgery | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010086852021

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

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Case No. : AB/1470/2021

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SRI GAJEN BURAGOHAIN AND 2 ORS

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S/O SRI KUMUD BURAGOHAIN, R/O VILL-PUWASAIKIA, P.S.-DHEMAJI, DIST-DHEMAJI, ASSAM

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2: KUMUD BURAGOHAIN @ SRI KUMUD GOHAIN S/O LATE SABHARAM BURAGOHAIN R/O VILL-PUWASAIKIA P.S.-DHEMAJI DIST-DHEMAJI ASSAM

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3: SMTI. MAHILA BURAGOHAIN @ SMTI. MAHILA GOHAIN W/O SRI KUMUD BURAGOHAIN R/O VILL-PUWASAIKIA P.S.-DHEMAJI DIST-DHEMAJI ASSA

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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. U DUTTA

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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12.08.2021

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Hearing held through remote video conference.

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Heard Mr. U. Dutta, learned counsel for the petitioners. Also Heard Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely, (i) Gajen Buragohain (ii) Kumud Boragohain @ Kumud Gohain (iii) Mahila Buragohain @ Mahila Gohain, apprehending arrest in connection with Dhemaji P.S. Case No. 167/2021 registered under Sections 420/406/376/153A/34 of the IPC.

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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 02.06.2021, this Court granted the privilege of interim pre-arrest bail to the petitioners.

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Mr. K.K. Parasar, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioners appeared before the investigating officer and got their statements recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. There is no adverse report against the petitioners from the I.O.

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Therefore, the interim pre-arrest bail granted vide order, dated 02.06.2021 is hereby made absolute, subject to the following conditions-

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

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Page No.# 3/3

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(ii) That the petitioners 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; and

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(iii) That the petitioners shall not hamper or tamper with the investigation in any manner.

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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

Sri Gajen Buragohain and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sri Gajen Buragohain and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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