Allowed

Sukumar Dutta @ Dulu Dutta v. the State of Assam

Gauhati HC7 Sept 2022AB/111/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted absolute anticipatory bail to the petitioner apprehending arrest in Kokrajhar Case No. 471/2020 under S. 420/409/506 IPC. The court held custodial interrogation unnecessary subject to conditions of cooperating with investigation and not influencing witnesses.

What did the court decide?

The interim pre-arrest bail granted earlier is made absolute subject to conditions of cooperation in investigation and not inducing witnesses.

Sukumar Dutta @ Dulu Dutta Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010006282022

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

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Case No. : AB/111/2022

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SUKUMAR DUTTA @ DULU DUTTA S/O LATE RAMENDRA NATH DUTTA, KOKRAJHAR TOWN, SANTINAGAR, WARD NO. 2, P.O. AND P.S. KOKRAJHAR, IN THE DISTRICT OF KOKRAJHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. K BHATTACHARJEE

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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D07.09.2022

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Heard Mrs. B. Talukdar, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of

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pre-arrest bail to the petitioner, namely, Sukumar Dutta @ Dulu Dutta , apprehending arrest in connection with Kokrajhar P.S. Case No. 471/2020 registered u/s 420/409/506 of the IPC.

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The Case diary, as called for, is placed before the Court.

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It may be mentioned that by order, dated 15.03.2022, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

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Mr. B. B. Gogoi, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.

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Accordingly, the interim pre-arrest bail granted vide order, dated 15.03.2022 is hereby made absolute, subject to the following conditions-

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(i) That the petitioner shall co-operate in investigation as and when required; and

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(ii) That the petitioner 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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Return the case diary.

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This disposes off the anticipatory bail application.

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JUDGE

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Comparing Assistant

Sukumar Dutta @ Dulu Dutta v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sukumar Dutta @ Dulu Dutta v. the State of Assam

Case brief

What is this about?

What did the court decide?

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