Allowed

Dipak Singha @ Dipak Das v. the State of Assam

Gauhati HC4 Oct 2021AB/2143/2021

Case brief

AI extract

What is this about?

Anticipatory bail application for protection against arrest under the Prevention of Corruption Act. The court held that since the petitioner had cooperated with the investigation, recorded his statement, and provided a voice sample, custodial interrogation was not essential. The interim protection dated 02.08.2021 was consequently made absolute.

What did the court decide?

Interim protection vide order dated 02.08.2021 was made absolute on the same terms and conditions; case disposed of.

Dipak Singha @ Dipak Das Vs the State of Assam — Corruption | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010112892021

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

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Case No. : AB/2143/2021

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DIPAK SINGHA @ DIPAK DAS SON OF MR. SIBU SINGHA R/O HOUSE NO. 23, MAYUR PATH, RUKMININAGAR, SURVEY, BELTOLA P.O. BELTOLA UNDER DISPUR POLICE STATION, IN THE DIST. OF KAMRUP (M), ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. B M CHOUDHURY

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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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04-10-2021

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This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the petitioner, namely, Mr. Dipak Singha @ Dipak Das, in connection with ACB PS Case No. 19/2018 registered under Sections 7(a)/13(1)(b)/13(2) of the Prevention of Corruption Act, 1988.

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Heard Mr. B.M. Choudhury, learned counsel for the petitioner. Also heard Mr. Bankim Sarma, learned Additional Public Prosecutor, Assam appearing for the State Respondent.

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Page No.# 2/2

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Perused the voluminous case diary.

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It appears from the materials in the case diary that after he was granted interim protection, vide the order dated 2.8.2021, the petitioner has appeared before the investigating police officer and his statement has also been recorded. The investigating police officer has taken his voice sample also. It appears that he has been cooperating with the investigation of the case. There is no material in the case diary to indicate that the petitioner has violated any of the terms and conditions of the interim protection granted to him,

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Since he has been cooperating with the investigation of the case and his statement has been recorded as well as his voice sample has also been collected, this Court is of the view that custodial interrogation of the petitioner is not essential for the purpose of investigation of the case.

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Accordingly, the interim protection granted to the petitioner, vide order dated 2.8.2021, is made absolute by this order on the same terms and conditions.

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The anticipatory bail application stands disposed of accordingly. Return the case dairy.

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JUDGE

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Comparing Assistant

Dipak Singha @ Dipak Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

Dipak Singha @ Dipak Das 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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