Allowed

Dhajya Jyoti Gogoi and Anr. v. the State of Assam

Gauhati HC4 Jan 2022AB/2853/2021

Case brief

AI extract

What is this about?

The Gauhati High Court upheld an interim bail granted to the petitioners in a bail petition under Section 438 CrPC, making it absolute. The court found custodial interrogation unnecessary as the case involved a civil eviction dispute amidst the COVID-19 pandemic.

What did the court decide?

The interim bail granted earlier to the petitioners is hereby made absolute. The case diary is returned.

Dhajya Jyoti Gogoi and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010142172021

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

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Case No. : AB/2853/2021

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DHAJYA JYOTI GOGOI AND ANR S/O LANKESWAR GOGOI R/O AASHI KATYAON APARTMENT, FLAT NO. 3B, 3RD FLOOR, P.S. GEETANAGAR GUWAHATI-781005, DIST. KAMRUP (M), ASSAM 2: SUNITA HAZARIKA W/O DHAJYA JYOTI GOGOI R/O AASHI KATYAON APARTMENT FLAT NO. 3B 3RD FLOOR P.S. GEETANAGAR GUWAHATI-781005 DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. I CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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Page No.# 2/2

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ORDER

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Date : 04-01-2022

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By filing this petition under Section 438 CrPC, the petitioners, namely- Dhajya Jyoti Gogoi and Sunita Hazarika has sought for pre-arrest bail in connection with Geetanagar Police Station Case No.354/2021, registered under Section 406/294/506/34 of the IPC.

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Heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor representing the State. Also gone through the case diary and the documents annexed thereto.

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The petitioner is a tenant and occupied a flat by giving rent regularly to the informant, who has now sought for the premises to be evacuated for her own use, but the petitioner did not vacate the said premises for which, the FIR is filed. Case diary reveals that the petitioner is paying his rent regularly and is not able to vacate the rented premise due to the covid 19 pandemic.

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The learned counsel for the petitioners has submitted that in the mean time, the informant has also lodged a civil suit for eviction of the petitioners from the premises.

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In the background of the case, it appears that the custodial interrogation of the petitioners is not necessary.

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Accordingly, the interim bail granted earlier to the petitioners is hereby made absolute. Return the case diary.

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JUDGE

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Comparing Assistant

Dhajya Jyoti Gogoi and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Dhajya Jyoti Gogoi and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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