Allowed bail to the accused-petitioner in a Section 304 IPC dowry death case. The court held that further custody was not necessary as the only pending investigation was for a toxicological report. Bail granted for Rs. 50,000 with conditions.
Enlarged the accused-petitioner on bail on furnishing a bond of Rs. 50,000 with two sureties.
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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GAHC010233662022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3109/2022
PANKAJ THAKUR S/O LATE LALKANT THAKUR R/O CHABIPUL P.S. BHARALUMUKH DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 21-12-2022
Heard Mr. S.M. Abdullah, learned counsel for the accused-petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam.
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[2] The accused-petitioner shall not, directly or indirectly, make any
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inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
This application stands disposed of in the afore-mentioned terms.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether bail should be granted to the accused-petitioner despite the investigation being pending for 86 days.
Whether the awaiting toxicological report necessitates continued custody for further investigation.
What conditions should be imposed on the applicant for release on bail.
2 provisions across 2 enactments
PANKAJ THAKUR
THE STATE OF ASSAM
MANISH CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
