Allowed

Apurba Choudhury and 4 Ors. v. the State of Assam

Gauhati HC18 Nov 2021AB/765/2021

Case brief

AI extract

What is this about?

Single judge order disposing of an application for anticipatory bail under Section 438 CrPC. The court granted interim protection previously accorded and made it absolute, finding no material necessitating custodial interrogation and noting the petitioners' cooperation with the investigation.

What did the court decide?

The interim protection granted vide order dated 12-03-2020 is made absolute on the same terms and conditions.

Apurba Choudhury and 4 Ors. Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010046742021

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

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Case No. : AB/765/2021

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APURBA CHOUDHURY AND 4 ORS S/O LT ARIN CHOUDHURY, R/O VILL-BATABARI, P.O. AND P.S.ABHAYAPURI, DIST-BONGAIGAON, PIN-783384

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2: PRAFULLA RAY S/O NILESWAR RAY R/O VILL-BATABARI P.O. AND P.S.-ABHAYAPURI DIST-BONGAIGAON, PIN-783384

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3: JHONE ROY

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S/ OLT BADRESWAR RAY R/O VILL-BATABARI P.O. AND P.S.-ABHAYAPURI DIST-BONGAIGAON, PIN-783384

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4: BABUL RAY S/O BHADRESWAR RAY R/O VILL-BATABARI P.O. AND P.S.-ABHAYAPURI DIST-BONGAIGAON, PIN-783384

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5: MOON RAY S/O LACHIT RAY R/O VILL-BATABARI P.O. AND P.S.-ABHAYAPURI DIST-BONGAIGAON, PIN-78338

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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 A A DEWAN 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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18-11-2021

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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. Apurba Choudhury, 2. Prafulla Ray, 3. Sri Jhone Roy, 4. Babul Ray and 5. Moon Ray, in connection with Abhayapuri P.S. Case No. 181/2021 (corresponding to NGR Case No. 292/2021) registered under Sections 143/353/352/336/ 427/294 of the Indian Penal Code, read with Section 13/14 of AGB Act .

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Heard Mr. A.A. Dewan, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, representing the State respondent. The case diary produced has been perused.

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On perusal of the materials in the case diary it is found that there is no such materials in the case diary requiring custodial interrogation of the petitioners. That apart, after they were granted interim protection, the petitioners have appeared before the Investigating Police Station and their statements have been recorded and that they have not misused the liberty granted to them; rather, they have co-operated with the investigation of the case.

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That being so, the interim protection granted to the petitioners above named, vide order dated 12-03-2020 is made absolute 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

Apurba Choudhury and 4 Ors. v. the State of Assam

Case brief

What is this about?

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Apurba Choudhury and 4 Ors. v. the State of Assam

Case brief

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What did the court decide?

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