Petitioner, a bail seeker in an IPC case, approached the High Court under Section 438 CrPC. The court found custodial detention unwarranted and made interim bail absolute.
Interim bail granted earlier is made absolute; the Court returns the case diary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010112382021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2165/2021
JAYANTA DIHINGIA AND ANR S/O SRI INDRA DIHINGIA PERMANENT RESIDENT OF VILL- TANGANAPARA, WARD NO. 3, P.O. AND P.S. DHEMAJI, IN THE DIST. OF DHEMAJI, ASSAM
2: SRI BISWAJIT HAJONG S/O SRI JAMESWAR HAJONG PERMANENT RESIDENT OF VILL- SHIVANAGAR P.S. SILAPATHAR IN THE DIST. OF DHEMAJI ASSA
VERSUS
THE STATE OF ASSAM REP. BY LD. PP, ASSAM
Advocate for the Petitioner : MR. M K DAS
Advocate for the Respondent : PP, ASSAM
Linked Case : AB/1044/2021
PRADIP DOLEY S/O LATE BHUBAN CH. DOLEY R/O WARD NO. 14 P.O.-KHELMATI P.S.-NORTH LAKHIMPUR
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PIN-787031
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM
-----------Advocate for : MR J PAYENG Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 03-01-2022
By filing this petition under Section 438 CrPC, the petitioner, namely- Sri Pradip Doley has sought for pre-arrest bail in connection with Silapathar Police Station Case No.142/2021, registered under Section 341/294/379/387 of the IPC.
Heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor representing the State. Also perused the case diary and the documents annexed thereto.
The petitioner herein has apprehended a vehicle bearing registration no.AS-22-C-6700 while carrying sand and stones illegally and the driver confessed that he has relevant documents in support of his case.
Subsequent to the filing of the FIR by the present petitioner, the present FIR was also filed against the present petitioner by one of the accused in the said case contending that they took away mobile phone and `13,000/- from the driver of the said vehicle. The contention raised by the informant, however, found no support by any other materials on record.
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That being so, it appears that custodial detention of the accused person/ petitioner is not warranted. Accordingly, interim bail so granted earlier is hereby made absolute.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner warrants custodial detention when apprehending the accused.
1 provisions across 1 enactments
PRADIP DOLEY
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
