The Gauhati High Court allowed an anticipatory bail application, converting interim bail to absolute. The petitioner, who accompanied the prime accused, was granted bail as the accused had already received similar relief, noting her limited role.
Anticipatory bail application allowed by making interim bail absolute.
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.
Page No.# 1/2
GAHC010115292022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1604/2022
MANJU RANI DOLAI D/O MADAN CH. DOLAI R/O VILL- NO. 2 ZIAKUR, P.S. CHHAYGAON, DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
01-08-2022
Heard Shri S.C. Biswas, learned counsel for the petitioner, namely, Ms. Manju Rani Dolai, who has filed this anticipatory bail application under Section 438 of the Cr.PC praying for pre-arrest bail in connection with Chhaygaon PS Case No. 385/2022 registered under Sections 406/420/468 of the IPC.
It is the case of the petitioner that an allegation has been made against one Chintu Kalita that he was instrumental in obtaining a fake excise license in favour of one Ratan Kr. Pathak for which initially the Excise Department has lodged an F.I.R. However, subsequently, the beneficiary had also lodged an F.I.R. stating that it was
Page No.# 2/2
only through one Chintu Kalita that the license was procured. The present petitioner Manju Rani Dolai had only accompanied Chintu Kalita, who is an advocate and therefore, she is also apprehending arrest.
Shri Biswas, the learned counsel for the petitioner submits that in the meantime, the prime accused Chintu Kalita had filed an application in this Court being AB No. 1477/2022 in which this Court vide order dated 22.07.2022 had granted the privilege of anticipatory bail to the said Shri Chintu Kalita. This Court had observed that Shri Chintu Kalita being a practicing advocate had no manner of connection in procuring a fake excise license. The learned counsel, accordingly, submits that the role of the present petitioner being confined only in accompanying Shri Chintu Kalita, the privilege of anticipatory bail should be granted to her.
Ms. N. Das, learned Addl. Public Prosecutor, Assam submits that there are certain materials against the petitioner of being involved in the process of procurement of a fake license.
After hearing the parties and on perusal of the materials in the Case Diary, this Court is of the opinion that when the prime accused Shri Chintu Kalita has been granted the privilege of anticipatory bail, the present petitioner who had only accompanied Shri Chintu Kalita may also be given the same privilege. Accordingly, the present petition is allowed by making the interim anticipatory bail dated 13.06.2022 absolute. The petitioner shall continue to render full cooperation with the investigation and not to indulge in any activities detrimental to the same.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to the privilege of anticipatory bail considering the prime accused has already been granted the same.
Whether the petitioner's role in accompanying the prime accused warrants the grant of anticipatory bail.
1 provisions across 1 enactments
Manju Rani Dolai
The State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
