Allowed

Madhu Chandra Das v. the State of Assam

Gauhati HC5 Mar 2021AB/354/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to the accused-petitioner in a case involving Sections 406/376 IPC read with Section 67 I.T. Act. The court noted the victim was untraceable, materials showed a relationship without sexual acts, and no factors demanded custodial interrogation.

What did the court decide?

Order for pre-arrest bail on furnishing a bond of Rs. 20,000 with a suitable surety of the like amount.

Madhu Chandra Das Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010017992021

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THE GAUHATI HIGH COURT

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

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Case No. : AB/354/2021

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MADHU CHANDRA DAS

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S/O SRI BUBUL DAS, R/O P.S. AND P.O.-GARMUR, DIST-MAJULI, ASSAM

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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. P KATAKI

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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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05-03-2021

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This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Madhu Chandra Das, in connection with Jorhat P.S. Case No.10/2021 registered under Sections 406/376 of the Indian Penal Code, read with Section 67 of the I.T. Act.

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Heard Mr. P. Kataki, learned counsel for the petitioner. Also heard Mr. N.K. Kalita, learned Additional Public Prosecutor, Assam appearing for the Respondent State.

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Case diary called for has been perused.

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The note in the case diary, dated 28.02.2021, shows that inspite of efforts made to that effect, the statement, under Section 164 of the Code of Criminal Procedure of the victim could not be recorded. Even the family members could not trace out her. Petitioner also could not find her.

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The materials, on examination, make it appear that victim and the petitioner were in love and the victim is a major of 24 years of age. The whatsapp messages annexed with the petition and transmitted between the petitioner and the victim and as also subscribed by the materials in the case dairy show that no sexual relation had taken place between the petitioner and the victim. Infact, the materials indicate that they were in love relationship. In the absence of any material in the case diary, as of now, necessitating custodial interrogation, this Court is inclined to grant the privilege of pre-arrest bail to the petitioner.

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Accordingly, it is provided that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on furnishing bail bond of Rs.20,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority.

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The direction for pre-arrest bail is subject to the conditions that the petitioner :

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(a) shall appear before the Investigating Officer of concerned Police Station, within

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seven days from today and shall co-operate with the investigation;

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(b) shall not hamper with the investigation, or tamper with the evidence of the case;

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(c) 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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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Madhu Chandra Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

Madhu Chandra Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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