Allowed

Chitta Kamal Bezborah v. the State of Assam

Gauhati HC15 May 2023AB/230/2023

Case brief

AI extract

What is this about?

The petitioner, facing charges under IPC 406/420, filed an application under Section 438 Cr.P.C. for prearrest bail. The court held the interim bail granted earlier as absolute, subject to cooperating with investigation and not tampering with evidence.

What did the court decide?

The interim pre-arrest bail granted on 27.01.2023 was made absolute subject to conditions of cooperating with investigation and not inducing witnesses.

Chitta Kamal Bezborah Vs the State of Assam — Gauhati HC (2023) — LawSathi Research

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Page No.# 1/2

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GAHC010017072023

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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/230/2023

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CHITTA KAMAL BEZBORAH S/O BIREN BEZBORAH R/O JALUKONIBARI, P.O. JALUKONIBARI, P.S. TITABOR, DIST. JORHAT, 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 S BORTHAKUR

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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 : 15.05.2023

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Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, 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 prearrest bail to the petitioner, namely, Sri Chitta Kamal Bezborah , apprehending arrest in connection with Titabor P.S. Case No. 167/2022 registered u/s 406/420 of the IPC.

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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 27.01.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner.

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Mr. R. J. Baruah, 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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Perusal of the case diary reveals prima facie incriminating material against the petitioner.

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In the backdrop of facts and evidence, as emerged from the case diary and considering the fact that there is no adverse report against the petitioner from the I.O., 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 27.01.2023 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

Chitta Kamal Bezborah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Chitta Kamal Bezborah v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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