Allowed

Dilip Nath and 2 Ors. v. the State of Assam

Gauhati HC7 Nov 2022AB/2928/2022

Case brief

AI extract

What is this about?

The Gauhati High Court converted an interim anticipatory bail order into an absolute bail order. The court held that custodial interrogation was not necessary as the petitioners had already appeared before the investigating officer, and disposed of the bail application.

What did the court decide?

The interim pre-arrest bail order dated 30.09.2022 is made absolute subject to the conditions mentioned therein; the bail application is disposed of.

Dilip Nath and 2 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010204722022

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

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Case No. : AB/2928/2022

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DILIP NATH AND 2 ORS S/O LATE NABIN CHANDRA NATH R/O VILL- PANCNOI NEPALI P.O. HUGRAJULI VIA MAZBAT DIST. SONITPUR, ASSAM, PIN-784507

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2: SRI UDIP NATH S/O DILIP NATH R/O VILL- PANCNOI NEPALI P.O. HUGRAJULI VIA MAZBAT DIST. SONITPUR ASSAM PIN-784507

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3: SRI ATUL NATH S/O GUNAKANTA NATH R/O VILL- PANCNOI NEPALI P.O. HUGRAJULI VIA MAZBAT DIST. SONITPUR ASSAM PIN-78450 VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MS S P CHETRY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 07.11.2022

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Heard Mr. R. P. Sarmah, learned counsel for the petitioners and Mr. KK Das, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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It is submitted that the petitioners are on interim bail granted by this Court vide order dated 30.09.2022, passed in this anticipatory bail application. The petitioner No. 1 is a journalist by profession.

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The petitioners are apprehending arrest in connection with Dispur P.S. Case No. 1964/2022 (Corresponding to GR Case No. 7177/2022 registered under Sections 447/ 427/ 384 IPC.

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The case diary has been received and perused.

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It is submitted that against the petitioner No. 1, a false case has been lodged alleging that he along with others demanded money of Rs. 15,00,000/etc. It is submitted that the allegation against the petitioner was with a view to wreak vengeance as he has published news through T.V. Chennel and in social media about deforestation of North Dhekiajuli.

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The present petitioners appeared before the I.O. and their statements have been recorded.

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I have considered the submission of the learned counsel for both the parties.

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Considering the fact that as the petitioners have appeared before the I.O, the

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custodial interrogation of the petitioners may not be necessary in the interest of the ongoing investigation into the case.

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Accordingly, the interim pre-arrest bail granted vide order, dated 30.09.2022, passed by this Court in this anticipatory bail application is hereby made absolute, subject to the conditions mentioned in the interim order..

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Return the case diary.

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The bail application stands disposed of.

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JUDGE

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Comparing Assistant

Dilip Nath and 2 Ors. v. the State of Assam

Case brief

What is this about?

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Dilip Nath and 2 Ors. v. the State of Assam

Case brief

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