Allowed

Sarala Kalita v. the State of Assam

Gauhati HC2 Aug 2022AB/1799/2022

Case brief

AI extract

What is this about?

In this anticipatory bail application, the Gauhati High Court considered the request of a widow facing charges of forgery for obtaining a fraudulent legal heir certificate after the death of her son. The court granted absolute anticipatory bail, converting an earlier interim order.

What did the court decide?

The anticipatory bail application is allowed; the interim order of bail dated 29.06.2022 is made absolute with the same terms and conditions.

Sarala Kalita Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010127332022

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

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Case No. : AB/1799/2022

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SARALA KALITA W/O LATE LANGKESWAR KALITA R/O VILL- BARGHOPA P.O. CHENGONOI, P.S. GHOGRAPAR DIST. NALBARI, ASSAM PIN-781369

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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02.08.2022

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Heard Shri A Gogoi, learned counsel for the applicant, namely, Ms. Sarala Kalita, who has filed this anticipatory bail application under Section 438 of the Cr.PC praying for pre-arrest bail in connection with Ghograpar PS Case No. 92/2022 under Section 468 of the IPC.

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This Court while calling for the Case Diary, vide order dated 29.06.2022 has granted interim protection to the applicant.

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It is the case of the applicant that the allegation against her is of obtaining a fraudulent certificate of legal heir due to the death of her son, Late Bhupen Kalita. As per the FIR lodged by the village Gaonburah, it has been alleged that his signature has been forged and the said certificate has been obtained as there appears to have been dispute between the applicant and the widow of Late Bhupen Kalita, who is the son of the applicant.

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Ms. N Das, learned Addl. PP, Assam submits that pursuant to the interim direction, the applicant had appeared before the IO and the fake certificate has also been destroyed in the meantime.

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Considering that the applicant is a lady who had also lost her son, this Court is of the view that the interim protection granted to her is required to be made absolute.

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Accordingly, the instant anticipatory bail application is allowed and the interim order of bail dated 29.06.2022 is hereby made absolute with the same terms and conditions as enumerated in the order dated 29.06.2022.

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The applicant is, however, directed to continue to render full cooperation with the investigation of the case and not to indulge in any activities detrimental to the same.

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The bail application stands disposed of.

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Return the Case Diary to the learned Addl. PP forthwith.

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JUDGE

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Comparing Assistant

Sarala Kalita v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sarala Kalita v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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