Allowed

Subal Brahma and Anr. v. the State of Assam and Anr.

Gauhati HC11 May 2023AB/197/2023

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in an arrest warrant case under IPC and Assam Forest Regulation. The court reviewed the case diary. Finding no adverse report from the investigating officer, the court converted interim bail granted earlier into absolute bail with conditions.

What did the court decide?

Interim pre-arrest bail granted on 10.03.2023 was made absolute subject to conditions of cooperation, non-inducement, and non-hampering of investigation.

Subal Brahma and Anr. Vs the State of Assam and Anr. — Corruption | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010013222023

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THE GAUHATI HIGH COURT

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

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Case No. : AB/197/2023

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SUBAL BRAHMA AND ANR

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S/O- SAMEN BRAHMA, R/O- VILL- GENDABEEL NO-2, P.O. AND P.S. GOSSAIGAON, DIST.- KOKRAJHAR, BTR, ASSAM

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2: NANDARAJ BRAHMA S/O- RAJA BRAHMA R/O- VILL- GENDABEEL NO-2 P.O. AND P.S. GOSSAIGAON DIST.- KOKRAJHAR BTR ASSAM PIN- 78336

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VERSUS

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

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2:STANDING COUNSEL FOREST DEPTT

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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 HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 11.05.2023

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Heard Mr. A. A. R. Karim, learned counsel for the petitioners. Also Heard Mr. R. J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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Page No.# 2/3

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of prearrest bail to the petitioners, namely, 1. Subal Brahma, 2. Nandaraj Brahma , apprehending their arrest in connection with Fakiragram P.S. Case No. 100/2022 registered u/s 379/411/143 of the IPC r/w Section 41 of the Assam Forest Regulation Act.

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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 10.03.2023, this Court granted the privilege of interim pre-arrest bail to the petitioners.

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Mr. Baruah, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioners appeared before the investigating officer and got their statements 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 petitioners from the I.O., and, as such, this Court is of the view that custodial interrogation of the petitioners 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 10.03.2023 is hereby made absolute, subject to the following conditions-

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

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(ii) That the petitioners 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 petitioners shall not hamper or tamper with the investigation in any manner.

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Return the case diary.

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Page No.# 3/3

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This disposes off the anticipatory bail application.

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JUDGE

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Comparing Assistant

Subal Brahma and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

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Subal Brahma and Anr. v. the State of Assam and Anr.

Case brief

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