Allowed

Amal Ch Choudhury and 9 Ors. v. the State of Assam

Gauhati HC9 Feb 2023AB/178/2023

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application for anticipatory bail filed by alleged kidnappers accused under Sections 365 and 34 IPC. The court granted bail considering the alleged settlement and the age of the informant's mother.

What did the court decide?

Anticipatory bail allowed; petitioners to be released on bond of Rs. 20,000 each with one surety of like amount upon arrest.

Amal Ch Choudhury and 9 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2023)

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Page No.# 1/4

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GAHC010010872023

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

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Case No. : AB/178/2023

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AMAL CH CHOUDHURY AND 9 ORS S/O LATE MAKHAN CH. CHOUDHURY, R/O VILL- DHARMASALA PT.III, P.S. AND DIST. DHUBRI, ASSAM

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2: NAMITA BALA CHOUDHURY W/O AMAL CH. CHOUDHURY

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R/O VILL- DHARMASALA PT.III

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P.S. AND DIST. DHUBRI ASSAM

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3: SAFIOR RAHMAN S/O NUR MOHAMMAD SHEIKH R/O VILL- DHARMASALA PT.III

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P.S. AND DIST. DHUBRI ASSAM

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4: ABDUR RASHID SHEIKH S/O LATE TOSER UDDIN SHEIKH

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R/O VILL- GASPARA P.S. AND DIST. DHUBRI ASSAM

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5: ABDUL GAFUR UDDIN BEPARI S/O RAHIZ UDDIN BEPARI

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R/O VILL- DHARMASALA PT.IV P.S. AND DIST. DHUBRI ASSAM

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Page No.# 2/4

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6: ZAKIR HUSSAIN S/O LATE HEDAYUTULLAH MUNSI R/O VILL- DHARMASALA PT.III

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P.S. AND DIST. DHUBRI ASSAM

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7: MAINUL HAQUE S/O LATE SAIMUDDIN MUNSHI R/O VILL- DHARMASALA PT.IV P.S. AND DIST. DHUBRI ASSAM 8: ASHOK KUMAR ROY S/O AMULLYA ROY R/O KACHUAR KHOSH PT.I P.S. AND DIST. DHUBRI ASSAM

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9: BISHNU KUMAR ROY S/O LATE ABHAY CHARAN ROY R/O VILL- KACHUAR KHASH PT.I P.S. AND DIST. DHUBRI ASSAM 10: GULZAR ALI S/O LATE SUDU SK. R/O VILL- GASPARA P.S. AND DIST. DHUBRI ASSA

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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. M KHAN

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Advocate for the Respondent : PP, ASSAM

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Page No.# 3/4

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:: BEFORE ::

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HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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O R D E R

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09.02.2023

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Heard the learned counsel Mr. M. Khan appearing for the petitioners. Also heard Ms. N. Das, the learned Addl. Public Prosecutor representing the State of Assam. Mr. K.R. Patgiri, the learned counsel appears for the informant.

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This is an application under Section 438 of the CrPC praying for prearrest bail in connection with Dhubri P.S. Case No.542/2018 under Section 365/34 of the IPC.

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The 72 years old mother of the informant had own an election in a local Samabai Samity Ltd. She was to become the President of the Samabai Samity. It is alleged that the petitioners had kidnapped her so that another person can become the President of the Samabai Samity in her place.

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The informant Mohibul Hoque has filed the affidavit that they have settled their dispute in an out of court settlement. Even the candidate woman has filed an application before the Investigating Officer praying for dropping the proceeding against the petitioners.

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This Court is of the opinion that under the given circumstances of the case, the petitioners do not deserve to be detained in custody.

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Page No.# 4/4

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Accordingly, their pre-arrest bail application is allowed.

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It is hereby directed that in the event of arrest in connection with Dhubri P.S. Case No.542/2018 under Section 365/34 of the IPC, the petitioners- (1) Amal Ch. Choudhury, (2) Namita Bala Choudhury, (3) Safior Rahman, (4) Abdur Rashid Sheikh, (5) Abdul Gafur Uddin Bepari, (6) Zakir Hussain, (7) Mainul Haque, (8) Ashok Kumar Roy, (9) Bishnu Kumar Roy and (10) Gulzar Ali shall be released on bail of Rs.20,000/- each with one surety each of like amount to the satisfaction of the arresting authority.

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The application for bail is disposed of accordingly. Return the case diary.

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JUDGE

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Comparing Assistant

Amal Ch Choudhury and 9 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Amal Ch Choudhury and 9 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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