Anil Kr Sah and Anr. v. the State of Assam
Case brief
What is this about?
This order grants anticipatory bail under Section 438 CrPC to two accused in a dowry-related torture case. The court held custodial interrogation was unnecessary and imposed specific conditions for surrendering for investigation and cooperating with the police.
What did the court decide?
Grants bail on a bond of Rs. 25,000 each with one local surety, subject to conditions to appear for investigation and cooperate with the police.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010219532022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3183/2022
ANIL KR SAH AND ANR S/O SRI SURENDAR SAH,
R/O MAKUM HINDI HIGH SCHOOL ROAD, P.S. MAKUM, DIST. TINSUKIA, PIN-786170, ASSAM
2: SRI BIKASH SAH S/O SRI SURENDAR SAH
R/O MAKUM HINDI HIGH SCHOOL ROAD P.S. MAKUM DIST. TINSUKIA PIN-786170 ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. SAILENDRA DEKA Advocate for the Respondent : PP, ASSAM
Issues for consideration
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioners under Section 438 CrPC in a dowry related case involving allegations of torture.
What conditions should be imposed to balance investigation needs against the liberty of the accused.
Parties & counsel
- petitioner
Anil Kr Sah
- petitioner
Bikash Sah
- respondent
State of Assam
Coram
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · December
- Registered
- Case no.
- AB/3183/2022
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