Dismissed

Ambika Basumatary @ Ambrika Basumuatariy v. the State of Assam and Anr.

Gauhati HC7 Dec 2022AB/311/2022

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed an application for anticipatory bail under Section 438 CrPC. The court observed that since the petitioner had joined the investigation and the charge-sheet was submitted, the pre-arrest bail grant is closed. Protection remains till the summons by the trial court for regular bail applications.

What did the court decide?

The Bombay High Court held that when the prosecution file has been submitted to the State, it is no longer necessary to consider the bail application. The applicant shall enjoy interim protection unti

Ambika Basumatary @ Ambrika Basumuatariy Vs the State of… — Anticipatory Bail | Gauhati HC (2022)

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GAHC010018432022

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

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Case No. : AB/311/2022

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AMBIKA BASUMATARY @ AMBRIKA BASUMUATARIY S/O LT. BABURAM BASUMATARY R/O VILL- NO. 1 CHAPAGURI, WARD NO. 4, P.O. CHAPAGURI, P.S. DHALIGAON, DIST. CHIRANG, ASSAM, PIN-783380 PH. NO.7889335977

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE SPECIAL PP, ASSAM

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2:SMTI. SAMELA BASUMATARY W/O LT. DIPAK BASUMATARY VILL- DAIMUGURI P.O. NAYEKGAON P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM PN-783370 PH. NO. 967814456

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Advocate for the Petitioner : MR F KHAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 07.12.2022

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Heard Mr. F. Khan, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State of Assam.

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By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Ambika Basumatary @ Ambrika Basumuatariy has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Kokrajhar Police Station Case no. 853/2021 registered for offence punishable under Section 376, Indian Penal Code [IPC].

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The petitioner was provided interim protection by an order dated 03.02.2022 with the further direction to him to appear before the Investigation Officer [I.O.] of the case within 2 [two] weeks from 03.02.2022.

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Mr. Khan, learned counsel for the petitioner has submitted that in compliance of the said direction, the petitioner appeared before the I.O. of the case and thereby, he had joined the investigation.

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Mr. Sarma, learned Additional Public Prosecutor has submitted that after completion of the investigation in connection with Kokrajhar Police Station Case no. 853/2021, the I.O. of the case has submitted a charge-sheet under Section 173[2], CrPC vide Charge-Sheet no. 97/2022 dated 30.04.2022.

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As the petitioner was provided interim protection by order dated 03.02.2022 whereafter he joined the investigation and the charge sheet has been submitted after completion of investigation thereafter, this application preferred under Section 438, CrPC is closed providing that the benefit of pre-arrest bail under Section 438, CrPC granted in favour

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of the petitioner by order dated 03.02.2022 shall be in effect till his appearance before the learned jurisdictional trial court on the date fixed for his appearance in the summons, served upon him, to be issued by the learned jurisdictional trial court. It is observed that upon his such appearance before the learned jurisdictional trial court, the petitioner will be at liberty to prefer an application seeking regular bail and in the event such an application is preferred by the petitioner, the learned jurisdictional trial court will consider the same on its own merits and in accordance with law.

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JUDGE

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Comparing Assistant

Ambika Basumatary @ Ambrika Basumuatariy v. the State of Assam and Anr.

Case brief

What is this about?

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Ambika Basumatary @ Ambrika Basumuatariy v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

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