Allowed

Mrs. Anurupa Dekaraja and 8 Ors. v. the State of Assam

Gauhati HC9 Mar 2021AB/360/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to nine petitioners facing charges under various IPC sections and the Disaster Management Act for alleged violations of Covid-19 protocols at an airport. The court held custodial interrogation was unnecessary.

What did the court decide?

Pre-arrest bail granted and interim protection order dated 05-02-2021 made absolute on the same terms.

Mrs. Anurupa Dekaraja and 8 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010019182021

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

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Case No. : AB/360/2021

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MRS. ANURUPA DEKARAJA AND 8 ORS. W/O SHILABHADRA DEKARAJA, R/O HOUSE NO. 112, BIRUBARI, NIJARAPAR, P.O.-GOPINTAH NAGAR, P.S.-PALTANBAZAR, DISTKAMRUP(M), GUWAHATI, PIN-781021

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2: MRS MIRARANI CHETIA W/O MR. JAYANTA KR. PHUKAN R/O SAKUNTALA PUKHURI PAR NIJARAPAR CHANDMARI P.O.-CHANDMARI P.S.-CHANDMARI DIST-KAMRUP(M) GUWAHATI PIN-781003

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3: NILIMA BEGUM W/O AMINUL HAQUE R/O KAHILIPARA P.O.-KAHILIPARA P.S.-DISPUR DIST-KAMRUP(M) PIN-781019

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4: HIMANGSHU GOGOI S/O MR. PROBIN KR. GOGOI R/O CHARING BARUATI GAON P.O.-BARUATI P.S.-GOURISAGAR DIST-SIVASAGAR PIN-785661

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5: MRS. HIRA RANI CHETIA W/O MR. PULIN GOGOI

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Page No.# 2/3

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R/O BHUMTAI CHUCK P.O.-BARBARUAH P.S.-BARBARUAH DIST-DIBRUGARH PIN-786007

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6: MRS. SHIBANI BARUAH W/O MR. BHABEN BARAUH R/O JAMIA SOBHA CHUCLE GAON P.O.-GOHAIN GAON BARBARUAH P.S.-BARBARUAH DIST-DIBRUGARH PIN-786007

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7: YOUNUS TAMULY S/O LATE HAMIF TAMULY R/O JENGONIKOTIA P.O. AND P.S.-SIVASAGAR DIST-SIVASAGAR PIN-785640 8: RATUL GOGOI S/O JAGAT GOGOI R/O VILL-BOGARITOLIA P.O. AND P.S.-ROHMORIA DIST-DIBRUGARH PIN-786101 9: SONESWAR NARAH S/O UMARAM NARAH R/O VILL-MORONGIAL P.O.-RONGAGORAH GHAT P.S.-DERGAON DIST-GOLAGHAT PIN-78561 VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR S BORTHAKUR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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09-03-2021

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This is an application, filed under Section 438 Cr.P.C. , praying for pre-arrest bail of the petitioners, namely, 1. Anurupa Dekaraja, 2. Mirarani Chetia Phukan, 3. Nilima Begum, 4. Himangshu Gogoi, 5. Hira Rani Chetia, 6. Ms. Shibani Baruah, 7. Younus Tamuly, 8. Ratul Gogoi and 9. Soneswar Narah , in connection with Azara Police Station Case No. 56/2021 registered under Sections 353/188/294/270/269 of the IPC read with Section 51 (B) of D/M Act .

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Heard Mr. S. Borthakur, learned counsel for the petitioners as well as Mr. R.J. Baruah, learned Additional Public Prosecutor for the state respondent.

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The case diary produced has been perused.

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On perusal of the materials in the case diary, it does not appear to this Court that for the offences alleged against the petitioners, their custodial interrogation is essential for the purpose of investigation of this case. They are alleged to have violated the provisions of Disaster Management Act by not adhering to the Covid-19 protocol in Airport. There is also an allegation against them that they have misbehaved with the staff involved in maintenance of Covid-19 protocol in the Airport.

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In view of the observation made by this Court that their custodial interrogation is not necessary, the petitioners are granted the privilege of pre-arrest bail.

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The petitioners are already on interim protection, granted by order, dated 05-02-2021. Accordingly, the interim protection granted to the petitioners, vide order dated 05-02-2021, is made absolute by this order on the same terms and conditions.

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The anticipatory bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Mrs. Anurupa Dekaraja and 8 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mrs. Anurupa Dekaraja and 8 Ors. v. the State of Assam

Case brief

What is this about?

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