Partly allowed

Bijoy Das v. the State of Assam

Gauhati HC10 Aug 2022AB/631/2021

Case brief

AI extract

What is this about?

Interim pre-arrest bail granted is made absolute. The court held that after a lapse of over 1.5 years without evidence of bail condition violation, custodial interrogation is unnecessary. Petitioner directed to appear before IO within 10 days.

What did the court decide?

The interim bail granted by order dated 01.03.2021 is made absolute. The petitioner is directed to appear before the IO within 10 days.

Bijoy Das Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010034832021

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

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Case No. : AB/631/2021

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BIJOY DAS

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S/O SRI JOTISH DAS, R/O BHAIRABTALA, KAHILIPARA, P.S.-DISPUR, DISTKAMRUP(M), ASSAM

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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. T DEURI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 10-08-2022

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Heard Mr. T. Deuri, learned counsel for the petitioner.

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Mr. M.P. Goswmai, learned APP for the State has submitted that he has received the written instructions from the Officer in charge of Dispur Police Station informing him that the previous investigating officer had expired and therefore he has requested for some more time to produce the case diary.

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The petitioner, namely, Bijoy Das is apprehending arrest in connection with Dispur P.S. Case No. 517/2021, under sections 406/493 of the I.P.C., he has filed this application under section 438 Cr.P.C., for pre-arrest bail.

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The aforesaid case was registered on the basis of the FIR dated 10.02.2021 alleging that the informant was having a relationship with the petitioner and was 5 months pregnant and later on she realized that the petitioner was a married man having 2 children. This Court by order dated 01.03.2021 granted interim bail to the petitioner in connection with the aforementioned case.

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The learned counsel for the petitioner has submitted that pursuant to the interim bail granted by order dated 01.03.2021, the petitioner had already appeared before the I.O.

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On consideration that the interim pre-arrest bail was granted to the petitioner by order dated 01.03.2021 and more than 1 ½ year has passed by without any material before the Court that the petitioner had violated any of the conditions of granting interim bail, therefore, notwithstanding that the Officerin-Charge is seeking some more time to produce the case diary, the Court is of the considered opinion that after the lapse of so much of time there would be no necessity for any further custodial interrogation of the petitioner. Accordingly, the interim bail granted to the petitioner, namely, Bijoy Das by order dated 01.03.2021 is made absolute on the same terms and as a further condition of grant of bail, the petitioner is directed to once again appear before the IO within 10(ten) days from today, failing which the pre-arrest bail granted to the petitioner would stand revoked.

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The Officer-in-Charge of the Dispur Police Station, on appearance of the petitioner on the strength of certified copy of this order, shall provide to the

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petitioner a proof of appearance made before him.

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This application stands disposed of.

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JUDGE

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Comparing Assistant

Bijoy Das v. the State of Assam

Case brief

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Bijoy Das v. the State of Assam

Case brief

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