Allowed

Raja Rai v. the State of Ap

Gauhati HC3 Aug 2022AB/80/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application under Section 438 CrPC. Relying on the interim order dated 20.07.2022 and the contents of the Case Diary, the single-judge bench held that custodial interrogation was unwarranted and approved the interim order to make the anticipatory bail absolute under the same conditions.

What did the court decide?

The interim order dated 20.07.2022 granting anticipatory bail was made absolute in the same terms and conditions; the Case Diary was sent back.

Raja Rai Vs the State of Ap — Anticipatory Bail | Gauhati HC (2022)

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Page No.# 1/3

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GAHC040008292022

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

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Case No. : AB 80/2022

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1:Raja Rai Son of Tadu Rai, Resident of Meyaba Village, Upper Subansiri District, AP Mobile No. 9774420250

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VERSUS 1:THE STATE OF AP Represented by the Public Prosecutor

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Advocate for the Petitioner : T. Garam

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Advocate for the Respondent : P P of AP

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BEFORE

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HONBLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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03.08.2022

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Heard Mr. T. Garam, learned counsel for the applicant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.

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Apprehending arrest in connection with Daporijo P.S. Case No.

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Page No.# 2/3

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23/2022, under Sections 308/34 of the Indian Penal Code , this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Shri Raja Rai , for grant of pre-arrest bail.

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It is to be mentioned here that Daporijo P.S. Case No. 23/2022, under Sections 308/34 of the Indian Penal Code, has been registered on the basis of one F.I.R., lodged by one Tade Dajan on 14.07.2022, to the effect that on 10.07.2022, at around 10.00 p.m., he was assaulted by Shri Taru Rai and subsequently, his elder brother and his friend chased him to Tadak Dulom Hospital and injured him seriously and he got admitted in District Hospital and his condition becomes serious.

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Mr. T. Garam, learned counsel for the applicant, submits that in view of order of this Court, dated 20.07.2022, the applicant appeared before the I.O. and his statement has been recorded and he has been co-operating with the Investigating Agency and his custodial interrogation seems to be unwarranted in the interest of investigation and therefore, it is contended to make the interim order, dated 20.07.2022, absolute in the same terms and conditions.

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On the other hand, Ms. T. Jini, learned Additional Public Prosecutor, producing the Case Diary before this Court, submits that the applicant has appeared before the I.O. and his statement has been recorded and he has been co-operating with the Investigating Agency and his custodial interrogation is not required in the interest of investigation.

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Having heard the submissions of learned Advocates of both sides, I have

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Page No.# 3/3

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carefully gone through the petition and the documents placed on record and also perused the Case Diary produced before this Court with the assistance of Ms. T. Jini, learned Additional Public Prosecutor.

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In view of the materials collected so far in the Case Diary and also considering the nature of accusation and the punishment prescribed for the same and further considering the submissions of learned Advocates of both sides, this Court is of the view that custodial interrogation of the accused/applicant seems to be unwarranted in the interest of investigation. Accordingly, this Court is inclined to make the interim order, dated 20.07.2022, absolute in the same terms and conditions.

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In terms of above, this anticipatory bail application stands disposed of.

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The Case Diary be sent back.

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JUDGE

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Comparing Assistant

Raja Rai v. the State of Ap

Case brief

What is this about?

What did the court decide?

Raja Rai v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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