Allowed

Manoj Kumar Singh v. the State of Assam

Gauhati HC1 Aug 2023AB/1844/2023

Case brief

AI extract

What is this about?

The Gauhati High Court made an interim pre-arrest bail order absolute subject to conditions of cooperation in investigation and prohibition on inducement or threat to witnesses, finding custodial interrogation unnecessary.

What did the court decide?

The interim pre-arrest bail granted vide order dated 24.05.2023 is made absolute subject to conditions of cooperation in investigation and prohibition of inducement or threat.

Manoj Kumar Singh Vs the State of Assam — Anticipatory Bail | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010113012023

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

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Case No. : AB/1844/2023

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MANOJ KUMAR SINGH

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S/O- LATE PARAMATMA NAND SINGH, RESIDENT C/O- SRI DIGANTA BORA, 2ND FLOOR, CHIROTIA HAZARI LINK ROAD, PULIBOR, JORHAT, ASSAM- 785006

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VERSUS

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THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR. A K GUPTA Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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01.08.2023

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Heard Mr. A. K. Gupta, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, 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, Manoj Kumar Singh , apprehending arrest in connection with Teok P.S. Case No. 93/2023 (Corresponding to G.R. Case No. 446/2023) registered u/s 188/304/34 of the IPC read with

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Page No.# 2/2

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Section 51(b)/55(2)/58(2) of Disaster Management Act, 2005.

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

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It may be mentioned that by order, dated 24.05.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

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Mr. B. B. Gogoi, 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. and there is no adverse report against him in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.

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Accordingly, the interim pre-arrest bail granted vide order, dated 24.05.2023 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.

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Return the case diary.

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This disposes off the anticipatory bail application.

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JUDGE

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Comparing Assistant

Manoj Kumar Singh v. the State of Assam

Case brief

What is this about?

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Manoj Kumar Singh v. the State of Assam

Case brief

What is this about?

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