Allowed

Krishna Kanta Das and 5 Ors. v. the State of Assam

Gauhati HC19 May 2022AB/889/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted anticipatory bail to six petitioners facing arrest in a land dispute case alleging arson. The court converted interim bail for some and allowed absolute interim bail for others, noting lack of eyewitness evidence.

What did the court decide?

Absolute bail for petitioners 2, 4, 5; interim bail of Rs. 10,000 per head plus one surety for petitioners 1, 3, 6.

Krishna Kanta Das and 5 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010062052022

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

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Case No. : AB/889/2022

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KRISHNA KANTA DAS AND 5 ORS

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S/O RATNESWAR DAS, R/O 52 (NO) MANIKPUR (BARIPARA), P.O. AND P.S.MANIKPUR, DIST-BONGAIGAON, ASSAM, PIN-783392

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2: TANULATA BARMAN

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W/O KRISHNA KANTA DAS R/O 52 (NO) MANIKPUR (BARIPARA) P.O. AND P.S.-MANIKPUR DIST-BONGAIGAON ASSAM PIN-783392

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3: NABA KANTA DAS S/O RATNESWAR DAS R/O 52 (NO) MANIKPUR (BARIPARA) P.O. AND P.S.-MANIKPUR DIST-BONGAIGAON ASSAM PIN-783392

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4: CHITRA DAS

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W/O NABA KUMAR DAS R/O 52 (NO) MANIKPUR (BARIPARA) P.O. AND P.S.-MANIKPUR DIST-BONGAIGAON ASSAM PIN-783392

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5: NAMITA BALA RAY DAS W/O BHAGABAN DAS R/O 52 (NO) MANIKPUR (BARIPARA) P.O. AND P.S.-MANIKPUR DIST-BONGAIGAON ASSAM

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PIN-783392

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6: HARMOHAN DAS S/O BHAGABAN DAS R/O 52 (NO) MANIKPUR (BARIPARA) P.O. AND P.S.-MANIKPUR DIST-BONGAIGAON ASSAM PIN-78339 VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR P K DAS

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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19.05.2022.

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This petition under Section 438 CrPC is filed for granting the privilege of prearrest bail to the accused/petitioners, namely, (1) Krishna Kanta Das, (2) Tanulata Barman, (3) Naba Kanta Das, (4) Chitra Das, (5) Namita Bala Ray Das and (6) Harmohan Das, apprehending their arrest in connection with the Manikpur P.S. Case No.45/2022, registered u/s 454/436/506/34 of the IPC.

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Heard learned counsel for both sides and perused the record as well as the case diary produced.

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As it emerges from the materials in the case diary that there was severe land dispute between the petitioners and the informant and because of such dispute, the FIR has been

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filed by the informant alleging that his house has been burnt down by the accused persons, whereas he himself is not an eye witness to the occurrence. There is no any supporting evidence to suggest the complicity of the present petitioner with the offence alleged.

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Taking note of all the above, this Court is of the opinion that custodial interrogation of the accused petitioners is not warranted.

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Resultantly, the interim order granted earlier to the accused/petitioner Nos.2, 4 and 5 is hereby made absolute. As regards the other accused/petitioners i.e. accused/petitioner Nos.1, 3 and 6, they are also allowed to go on interim pre-arrest bail of Rs.10,000/- each, with one surety of like amount, in the event of their arrest by the arresting officer in connection with the afore-noted Manikpur P.S. Case No.45/2022.

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The petition stands disposed of.

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Return back the case diary forthwith.

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JUDGE

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Comparing Assistant

Krishna Kanta Das and 5 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Krishna Kanta Das and 5 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

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