The Gauhati High Court rejected a subsequent application under Section 438 Cr.P.C. for pre-arrest bail, holding that the applicant failed to plead fresh grounds required to entertain a subsequent application, dispensing with a merits analysis.
The application for anticipatory bail is rejected as not maintainable for lack of new grounds.
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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GAHC010111162022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1598/2022
ASHOK KUMAR JAIN AND ANR S/O LATE CHAIROOP JAIN R/O C.R. KUNJ S.C. BYELANE ALOOGODOWN GALI, GUWAHATI, P.S. BHARALUMUKH DIST. KAMRUP (M), ASSAM
2: MANOJ KUMAR JAIN S/O LATE CHAIROOP JAIN R/O C.R. KUNJ S.C. BYELANE ALOOGODOWN GALI GUWAHATI P.S. BHARALUMUKH DIST. KAMRUP (M) ASSA
VERSUS
THE STATE OF ASSAM REP. BY THE LEARNED PP, GOVT OF ASSAM
Advocate for the Petitioner : MR. R P SINGH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
20.09.2022
Heard Shri SR Rabha, learned counsel for the petitioners, namely, (1) Shri Ashok
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Kumar Jain and (2) Shri Manoj Kumar Jain, who have filed this application under Section 438 Cr.P.C., seeking pre-arrest bail in connection with Crime Branch P.S. Case No. 12/2021 registered under Sections 120(B) / 420 IPC, read with Sections 13/14 of Assam Game and Betting Act, 1970.
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opinion that present application without having any new grounds is not maintainable and accordingly the same stands rejected.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a subsequent application under Section 438 Cr.P.C. for anticipatory bail is maintainable without pleading fresh grounds.
Whether the present application satisfies the condition of new grounds being pleaded.
1 provisions across 1 enactments
Ashok Kumar Jain and Anr
State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
