Allowed

Purandar Bora and 8 Ors. v. the State of Assam

Gauhati HC4 Oct 2021AB/2447/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an application for pre-arrest bail filed by nine accused-petitioners. After examining the case diary and the investigating officer's note showing no immediate complicity was found, the court made the interim protection absolute on the same terms and conditions.

What did the court decide?

The interim protection granted vide order dated 23.08.2021 is made absolute on the same terms and conditions.

Purandar Bora and 8 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010126752021

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

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Case No. : AB/2447/2021

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PURANDAR BORA AND 8 ORS. S/O LATE SANTI RAM BORA VILL AND P.O. KALAIGAON P.S. KALAIGAON, DIST. UDALGURI, BTR, ASSAM PIN-784525

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2: SRI MAHESWAR RABHA S/OLT. SUKURAM RABHA VILL- KACHARITAL P.O. BHUKELIKANDA P.S. KALAIGAON DIST. UDALGURI BTR ASSAM PIN-784525

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3: SRI ABHIRAM DAS S/O JOGENDRA DAS VILL- GERUA P.O. KALAIGAON P.S. KALAIGAON DIST. UDALGURI BTR ASSAM PIN-784525

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4: SRI SANJOY SARKAR S/O NIRANJAN SARKAR VILL- SAGUNBAHI P.O. KALAIGAON P.S. KALAIGAON DIST. UDALGURI BTR

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Page No.# 2/4

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ASSAM PIN-784525

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5: SRI BRAJENDRA KUMAR NATH S/OLT. PRAFULLA CHANDRA NATH VILL AND P.O. KALAIN GAON P.S. KALAIGAON DIST. UDALGURI BTR ASSAM PIN-784525

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6: MD AFJAL HUSSAIN S/O LT. RAFIUDDIN AHMED VILL- BOKELIKANDA P.S. KALAIGAON DIST. UDALGURI BTR ASSAM PIN-784525 7: SRI DULAL CHOUDHURY S/OLT. BHABATARAN CHOUDHURY VILL AND P.O. KALAIGAON P.S. KALAIGAON DIST. UDALGURI BTR ASSAM PIN-784525

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8: SMTI. PARVATI DAS W/O LT. RAMENDRA CH. DAS VILL- BHOLABARI BAGICHA P.O. BHOLABARI P.S. KALAIGAON DIST. UDALGURI BTR ASSAM PIN-784525

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9: SRI PARTHA PRATIM SARKAR S/OLT. KHAGENDRA SARKAR VILL- GERUA P.O. KALAAI GAON P.S. KALAIGAON DIST. UDALGURI BTR

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ASSAM PIN-78452

VERSUS

THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. B C DAS

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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 accused-petitioners, namely, 1) Sri Purandar Bora, 2) Sri Maheswar Rabha, 3) Sri Abhiram Das, 4) Sri Sanjoy Sarkar, 5) Sri Brajendra Kumar Nath, 6) Md. Afjal Hussain, 7) Sri Dulal Choudhury, 8) Smti Parvati Das, and 9) Sri Partha Pratim Sarkar, in connection with BI(EO) Case No.13/2021 registered under Sections 120B/420/406 of the Indian Penal Code, read with Section 7 of E.C. Act.

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Heard Mr. B.C. Das, learned senior counsel assisted by Mr. P. Mazumdar, learned counsel for the petitioners. Also heard the objection raised by Mr. Bankim Sarma, learned Additional Public Prosecutor, Assam appearing for the Respondent State.

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Case diary produced has been perused.

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Page No.# 4/4

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The accused petitioners were granted interim protection vide order dated 23.08.2021 and, after that, in accordance with the said order, they have appeared before the investigating police officer, although their statements have not been recorded.

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Vide the note dated 30.9.2021 in the case diary, the investigating police officer has stated that if required, the statements of the petitioners would be recorded, meaning thereby that the investigating police officer did not find it necessary to record the statements of the petitioners instantly and the consequence thereof is understandably that the police did not find complicity of the petitioners at that stage.

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Therefore, in the considered view of this Court, in view of compliance of the order granting interim protection to the petitioners and also in view of the aforesaid note of the investigating police officer, the interim protection granted to the petitioners, vide order dated 23.08.2021, 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 diary.

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JUDGE

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Comparing Assistant

Purandar Bora and 8 Ors. v. the State of Assam

Case brief

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Purandar Bora and 8 Ors. v. the State of Assam

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