Allowed

Shri Remar Gab v. the State of Ap

Gauhati HC4 Mar 2021AB/67/2021

Case brief

AI extract

What is this about?

Anticipatory bail application filed by a government servant (DTO) for transit bail from Assam to Gujarat to face interrogation regarding an IPC case. The court allowed the application directing release on bail if arrested during transit and cooperation with investigation.

What did the court decide?

Application allowed; petitioner released on bail of Rs. 20,000/- with surety if arrested on transit to Gujarat; directed to cooperate with investigation.

Shri Remar Gab Vs the State of Ap — Anticipatory Bail | Gauhati HC (2021)

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Page No.# 1/3

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GAHC040002522021

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

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Case No. : AB 67/2021

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1:Shri Remar Gab

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S/O LT. YADO GAB, PERMANENT RESIDENT OF VILLAGE TARAJULI, PO/PS BANDERDEWA, DIST. PAPUM PARE, AP.

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VERSUS

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1:THE STATE OF AP

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THROUGH THE PUBLIC PROSECUTOR.

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2:THE COMMISSIONER OF POLICE CRIME BRANCH ATHWALINES AROGYA NAGAR ATHWA ROAD SURAT CITY GUJARAT

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Advocate for the Petitioner : Rajesh Sonar

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Advocate for the Respondent : P P of AP

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Page No.# 2/3

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BEFORE HONBLE MR. JUSTICE S.K.MEDHI

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ORDER

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Date : 04-03-2021

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Heard Shri R Sonar, learned counsel for the applicant, namely, Shri Remar Gab, who has filed this anticipatory bail application under Section 438 CrPC praying for transit pre-arrest bail in connection with Crime Branch Surat City (Gujarat) “A” Part CR. No.11210015210076/2021, under Sections 406/420/465/467/468/ 471/120(B) of the IPC.

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By drawing the attention of this Court to the FIR, the Shri Sonar, learned counsel submits that the applicant at the relevant time was the District Transport Officer (DTO) and since the present complaint, lodged at Surat City, Gujarat, pertains to certain transactions in the RTO Office at Naharlagun relates to the period when the petitioner was serving as DTO, he is apprehending arrest, more so when Gujarat Police Officers are in the city for his interrogation.

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Also heard Ms. T Jini, learned Addl. Public Prosecutor, AP, who fairly submits that since present bail application is pertaining to his transit from Naharlagun to Gujarat, in view of the statement that the petitioner would be appearing before the court at Gujarat, learned Addl. Public Prosecutor would not object to the present application.

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In view of the aforesaid facts and circumstances and considering the statement that the petitioner is praying for transit anticipatory bail to enable him to appear before the court at Gujarat and also considering that the petitioner’s status is of a Government servant, the present bail application is allowed by directing that if on transit, the abovenamed applicant is arrested in connection with the aforementioned police case, he shall be released on bail on furnishing a bail bond of Rs.20,000/- with a surety of the like amount to the satisfaction of the Arresting Authority.

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It is, however, made clear that the petitioner would be at liberty to seek anticipatory bail/regular bail from the appropriate court upon his appearance before the said court.

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It is further directed that the petitioner would render full cooperation with the investigation while on transit.

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Page No.# 3/3

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Since the connected police case had arisen in the State of Gujarat, the present order would be effective till 31.03.2021.

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Comparing Assistant

Shri Remar Gab v. the State of Ap

Case brief

What is this about?

What did the court decide?

Shri Remar Gab v. the State of Ap

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

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