Partly allowed

Purna Kanta Doley and 8 Ors. v. the State of Assam

Gauhati HC6 Dec 2021AB/2644/2021

Case brief

AI extract

What is this about?

Nine petitioners sought pre-arrest bail under Section 438 CrPC for offences in an FIR alleging obstruction of police duties. The High Court rejected the bail for all except petitioner No.2 (Smt. Chitralekha Doley), who was granted bail due to lack of witness implication.

What did the court decide?

Pre-arrest bail granted to petitioner No.2 Smt. Chitralekha Doley on bond of ₹10,000; petition for others dismissed.

Purna Kanta Doley and 8 Ors. Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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GAHC010139082021

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

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Case No. : AB/2644/2021

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PURNA KANTA DOLEY AND 8 ORS S/O MANGALSINGH DOLEY

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R/O VILL- BAGARIGURI, P.O. BAKULGURI, P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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2: SMT. CHITRALEKHA DOLEY W/O PURNA KANTA DOLEY R/O VILL- BAGARIGURI P.O. BAKULGURI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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3: SRI AMIR DOLEY S/O NAL DOLEY R/O VILL- BAGARIGURI P.O. BAKULGURI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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4: SMT. PINKY DOLEY W/O AMIR DOLEY R/O VILL- BAGARIGURI P.O. BAKULGURI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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5: SMT. NITAMONI DOLEY W/O RAJ KUMAR DOLEY R/O VILL- BAGARIGURI P.O. BAKULGURI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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6: TUNTUN SAHU

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R/O VILL- BAGARIGURI P.O. BAKULGURI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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7: SRI RUPAM MORANG S/O NARAYAN MORANG R/O VILL- BAGARIGURI P.O. BAKULGURI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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8: SRI OTE LAGACHU S/O HEM CH. LAGACHU R/O VILL- BAGARIGURI P.O. BAKULGURI P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM

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9: SRI MUKTI NATH MORANG S/O BRIHASPATI MORANG R/O VILL- BAGARIGURI P.O. BAKULGURI P.S. DHAKUAKHANA DIST. LAKHIMPUR, 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. A KHANIKAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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06.12.2021.

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By filing this petition under Section 438 of the CrPC, the nine petitioners namely (1) Purna Kanta Doley, (2) Smt. Chitralekha Doley, (3) Amir Doley, (4) Smt. Pinky Doley, (5) Smt.

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Nitamoni Doley, (6) Tuntun Sahu, (7) Rupam Morang, (8) Ote Lagachu and (9) Mukti Nath Morang have sought for pre-arrest bail in connection with the Dhakuakhana P.S. Case No.82/2021 (corresponding to G.R. Case No.121/2021), under Sections 147/148/341/353/336/427 of the IPC.

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Heard learned counsel for both sides and perused the record and case diary.

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So far as the accused/petitioners are concerned, they are named in the FIR and the case diary reveals that save and except petitioner No.2 Smt. Chitralekha Doley, all other accused petitioners were involved in debarring the police personnel in committing their duties by pelting stones, etc., at the time of Naka Checking. It has been alleged that because of the obstruction, so raised by the accused/ petitioners, the police party had to return back, without executing their duties and they also damaged the police vehicle.

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Considering all entirety, this Court is of the view that this is not a fit case to grant them the privilege of pre-arrest bail, except the accused/petitioner No.2, Smt. Chitralekha Doley, under Section 438 of the CrPC and accordingly the present petition stands rejected.

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However, as regards the accused/petitioner No.2, Smt. Chitralekha Doley, who is not implicated by the witnesses, she is allowed to go on pre-arrest bail of Rs.10,000/-, with one surety of like amount, in the event of her arrest by the arresting officer in connection with the Dhakuakhana P.S. Case No.82/2021, with further direction to the petitioner to appear before the I.O., within fifteen days from today and she shall cooperate with the investigation of the case.

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The bail petition stands disposed of.

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Return back the case diary forthwith.

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JUDGE

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Comparing Assistant

Purna Kanta Doley and 8 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Purna Kanta Doley and 8 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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