Allowed

Balin Kalita and 4 Ors. v. the State of Assam

Gauhati HC5 Sept 2022AB/2163/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application filed by five accused persons apprehending arrest under multiple IPC sections. The court, noting the submission of cooperation with the investigation and lack of need for further custodial interrogation, made the interim order dated 03.08.2022 absolute.

What did the court decide?

The interim anticipatory bail order dated 03.08.2022 was made absolute.

Balin Kalita and 4 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010151542022

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

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Case No. : AB/2163/2022

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BALIN KALITA AND 4 ORS. S/O LT. DANDIRAM KALITA VILL- DIGHALIPAR, P.S. GORESWAR DIST. TAMULPUR, ASSAM

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2: SRI HEMEN KALITA S/O LT. DANDIRAM KALITA VILL- DIGHALIPAR P.S. GORESWAR

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DIST. TAMULPUR ASSAM

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4: THANESWAR KALITA S/O LT. DANDIRAM VILL- DIGHALIPAR

P.S. GORESWAR

DIST. TAMULPUR ASSAM

5: SRI PRADIP KALITA

S/OLT. BONTIRAM KALITA VILL- DIGHALIPAR

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P.S. GORESWAR

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DIST. TAMULPUR ASSAM

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6: SRI CHANDAN KALITA S/O LT. JATIN

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VILL- DIGHALIPAR P.S. GORESWAR DIST. TAMULPUR 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. A K BHUYAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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05.09.2022

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Heard Mr. A. K. Bhuyan, learned counsel for the applicants. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent.

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Apprehending arrest in connection with Goreswar PS Case No. 72/2022 under Sections 447/448/354/323/427/34 of the Indian Penal Code, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicants, namely, 1. Balin Kalita, 2. Sri Hemen Kalita, 3. Thaneswar Kalita, 4. Sri Pradip Kalita and 5. Sri Chandan Kalita for grant of pre-arrest bail.

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It is to be noted here that the said case has been registered on the basis of an FIR lodged by the Dalimi Konwar on 26.07.2022 to the effect that on 24.07.2022 at about 11:00 pm her neighbours namely Balin Kalita, Pradip Kalita, Hemen Kalita, Thaneshwar Kalita and Chandan Kalita consuming alcohol entered her house and they dragged her outside the house and enquired about her son asking where is Jitu by putting their finger in her mouth and assaulted her and tear her blouse and slapped her in her ear and snatched her chaddar and they broke the tin roof and bamboo walls

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of her house.

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Mr. A. K. Bhuyan, learned counsel for the applicants submits that pursuant to the order of this Court dated 03.08.2022, the applicants appeared before the IO and recorded their statements. Mr. Bhuyan, learned counsel further submits that he has been extending cooperation with the Investigating Agency and therefore the interim order dated 03.08.2022 be made absolute in the same terms and conditions.

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On the other hand, Mr. Das, learned Additional Public Prosecutor submits that though the case has registered under Sections 447/448/354/323/427/34 IPC here except Section 354 Section IPC, rest of the offences are bailable and there is inadequacy of material to implicate the accused with the offence alleged under Section 354 IPC.

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Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Das, learned Addl. PP, Assam.

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In view of the materials collected so far as the Case Diary as well as the progress of investigation and also the submissions of learned advocates of both sides, this Court is of the considered opinion that further custodial interrogation of the applicants are not necessary here in this case and, therefore, this Court is inclined to make the interim order dated 03.08.2022 made absolute in the said terms and conditions.

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In terms of the above, anticipatory bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Balin Kalita and 4 Ors. v. the State of Assam

Case brief

What is this about?

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Balin Kalita and 4 Ors. v. the State of Assam

Case brief

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