Allowed

Abhijit Chetia v. the State of Assam

Gauhati HC2 Aug 2023AB/1673/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted anticipatory bail under Section 438 Cr.P.C. to the petitioner, converting interim bail to absolute. The court found no adverse report from the Investigating Officer, deeming custodial interrogation unnecessary.

What did the court decide?

Interim pre-arrest bail granted vide order dated 21.06.2023 made absolute subject to specific conditions including cooperation in investigation.

Abhijit Chetia Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010099892023

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

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Case No. : AB/1673/2023

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ABHIJIT CHETIA

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S/O LILA CHETIA VILL- CHETIA GAON P.O. AND P.S. DHAKUAKHANA DIST. LAKHIMPUR, 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 A KHANIKAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER

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Date : 02.08.2023

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Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Abhijit Chetia , apprehending arrest in connection with Dhakuakhana P.S. Case No. 55/2023 registered u/s 21(a)/25/29 of the NDPS Act.

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The Case diary, as called for, is placed before the Court.

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Page No.# 2/2

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It may be mentioned that by order, dated 21.06.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner.

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Mr. B. Sarma, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the Investigating Officer and got his statement recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier.

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On perusal of the case diary, it is seen that there is no adverse report against the petitioner from the I.O., and, as such, this Court is of the view that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.

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Therefore, the interim pre-arrest bail granted vide order, dated 21.06.2023 is hereby made absolute , subject to the following conditions-

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(i) That the petitioner shall co-operate in investigation as and when required; and

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(ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

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(iii) That the petitioner shall refrain from committing any similar offences in future of which he is suspected of commission.

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Return the case diary.

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This disposes off the anticipatory bail application.

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Comparing Assistant

Abhijit Chetia v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abhijit Chetia v. the State of Assam

Case brief

What is this about?

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