Partly allowed

Dhironjoy Naiding and Anr. v. the State of Assam

Gauhati HC8 Nov 2023AB/2452/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application regarding arrest apprehension in an IPC case, the High Court declined to make its prior interim order absolute. Instead, it directed applicants to seek regular bail before the trial court once the investigation concludes, while extending the interim order until the hearing date.

What did the court decide?

Direction to applicants to appear on 23.11.2023 to apply for regular bail before the Court of Chief Judicial Magistrate; interim order of 18.07.2023 extended.

Dhironjoy Naiding and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010152732023

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

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Case No. : AB/2452/2023

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DHIRONJOY NAIDING AND ANR S/O C. NAIDUNG R/O NEAR HAFLONG GOVT. COLLEGE, DIST. DIMA HASAO, ASSAM PIN CODE-788819

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2: SODESH JIDUNG S/O LENTHO JIDUNG R/O VILL- THAISALINGHAWAR P.O. AND P.S. DEHANGI DIST. DIMA HASAO ASSAM PIN CODE 78881 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. R MAJUMDAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON'BLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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08.11.2023

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Heard Mr. J.U.N.M. Laskar, learned counsel for the applicants and also heard Mr. B.

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Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

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2. Apprehending arrest in connection with Haflong P.S. Case No.57/2023, under Section 448/294/509/186/420/384/506/34 IPC, this application under Section 438 Cr.P.C. is preferred by two applicants, namely, Dhironjoy Naiding and Sodesh Jidung, for grant of pre-arrest bail.

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3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by the Secretary, Revenue, Dima Hasao Autonomous Council, Haflong on 27.06.2023. The essence of allegation made in the aforesaid FIR is that on 27.06.2023 at about 11:30 a.m. the applicants entered into the Office of the Revenue Department, Dima Hasao Autonomous Council and started using slang language to the employees of the Revenue Department, where most of the employees were women and they have threatened the women employees and forced them to provide the service which was not possible to entertain officially and they have also recorded the video footage of the official work without permission of the authority and they have created havoc in the office premises as well as on the ground spot verification, with the same character and threatened the patowaries and other official when the verification was carried out by the patowaries and official in connection with Assam MALA Project between Diyungbra and Dehangi stretch. They have also obstructed the patowaries and Revenue Officials in discharging their duty and it is also heard that they used to collect money from the innocent villagers promising to help them in official matters.

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4. Mr. Laskar, learned counsel for the applicants submits that the applicants have been granted the privilege of pre-arrest bail by this Court vide order dated 18.07.2023, and pursuant to the said order, the applicants have appeared before the I.O. and they have been cooperating with the investigating agency and therefore, it is contended to make the interim order dated 18.07.2023 absolute, in the same terms and conditions.

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5. Whereas, Mr. B. Sarma, learned Additional Public Prosecutor, Assam, submits that he has not received the case diary, but, as per his instruction, the investigation of the case has already been completed and the I.O. has returned the case in charge-sheet,

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being Charge-Sheet No.39/2023, dated 26.07.2023.

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6. In view of the submission of learned Advocates of both sides, this Court is inclined to dispose of this application by directing the applicants to appear before the Court of learned Chief Judicial Magistrate, Dima Hasao, Haflong, on 23.11.2023 and to apply for regular bail and in the event of filing such an application, the learned Court below shall consider the same in accordance with law.

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7. Till then interim order dated 18.07.2023 stands extended.

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Sd/- Robin Phukan JUDGE

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Comparing Assistant

Dhironjoy Naiding and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Dhironjoy Naiding and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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