Allowed

Buddiman Karki Chetri and 2 Ors. v. the State of Assam

Gauhati HC8 Jul 2022AB/1454/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted anticipatory bail to three applicants in connection with a case involving assault. The court held that custodial detention was unwarranted and directed release on ₹20,000 bail each with conditions including cooperation in investigation and non-interference with the informant.

What did the court decide?

Release on bail of ₹20,000 each with one surety, subject to eight specific conditions including cooperation in investigation and non-interference.

Buddiman Karki Chetri and 2 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010103022022

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

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Case No. : AB/1454/2022

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BUDDIMAN KARKI CHETRI AND 2 ORS S/O LATE BARBAHADUR KARKI R/O VILL- GARAKHAT P.S. DALGAON, DIST. DARRANG, ASSAM

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2: RUDRA BAHADUR KARKI CHETRI S/O LATE BARBAHADUR KARKI R/O VILL- GARAKHAT P.S. DALGAON

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DIST. DARRANG ASSAM

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3: DAMBARU BAHADUR KARKI CHETRI S/O LATE BARBAHADUR KARKI R/O VILL- GARAKHAT P.S. DALGAON

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DIST. DARRANG ASSA

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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. D SARMAH

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 08-07-2022

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Heard Mr. D. Sarmah, the learned counsel appearing for the applicants, Mr. M.P. Goswami, the learned Addl. Public Prosecutor appearing for the State and Ms. B.S. Goyal, the learned counsel appearing for the informant.

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By this application u/s 438 Cr.P.C. the applicants, namely, 1. Buddiman Karki Chetri, 2. Rudra Bahadur Karki Chetri & 3. Dambaru Bahadur Karki Chetri have prayed for pre-arrest bail apprehending arrest in connection with Dalgaon P.S. Case No. 67/2022 under Sections 326/

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Considering the nature of accusation and the materials available on record, the custodial detention of the applicants for the purpose of investigation seems to be unwarranted. Accordingly, it is directed that in the event of arrest of the applicants, namely, 1. Buddiman Karki Chetri, 2. Rudra Bahadur Karki Chetri & 3. Dambaru Bahadur Karki Chetri in connection with the aforementioned case, they may be released on bail, on furnishing bail bond of Rs. 20,000/- each with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions:

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1.The applicants shall appear before the investigating officer for recording his statement on 14/7/2022 or on such dates as the Investigating Officer directs and shall co-operate with the investigation of the case as and when necessary.

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2.The applicants 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/her from disclosing such facts to the court or to any police officer.

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The applicants shall not leave the territorial jurisdiction of learned District and Sessions Judge, Darrang, Mangaldoi, without his prior permission.

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The applicants shall not hamper with the investigation of the case and tamper with the evidence.

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5.The applicants shall provide assistance to the Investigating Officer as and when required.

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The applicants shall not go within the vicinity of 500 meters of the informant or his family members and shall not under any circumstances threaten the informant or his family members.

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JUDGE

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Comparing Assistant

Buddiman Karki Chetri and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Buddiman Karki Chetri and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

Coram

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