Allowed

Drone Kanta Das@ Duran Kr. Das v. the State of Assam a

Gauhati HC14 Dec 2023AB/3633/2023

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 Cr.P.C. allowed for a physically disabled petitioner charged with inter-said offenses. Court observed discrepancies in evidence and granted bail on bond terms before arrest. Case diary returned forthwith.

What did the court decide?

Petitioner allowed future bail on furnishing a bond of Rs. 25,000/- with one surety of the like amount to the arresting authority. Case diary directed to be returned.

Drone Kanta Das@ Duran Kr. Das Vs the State of Assam a — Anticipatory Bail | Gauhati HC (2023)

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GAHC010241692023

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

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Case No. : AB/3633/2023

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DRONE KANTA DAS@ DURAN KR. DAS S/O MAJEN CHANDRA DAS VILL- BARBARI BENGGALI P.S. CHABUA DIST. DIBRUGARH, ASSAM

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VERSUS

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THE STATE OF ASSAM A BEING P REP. BY THE LD. PP, GOVT OF ASSAM

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Advocate for the Petitioner : MR. A R SHOME

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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14.12.2023

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Heard Mr. B. Pushilal, learned counsel assisted by Ms. M.G. Biswas, learned counsel for the petitioner and also heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

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This is an application under Section 438 of the Cr.P.C. praying for grant of prearrest bail to the petitioner, namely, Drone Kanta Das @ Duran Kr. Das, who has been apprehending arrest in connection with Chabua P.S. Case No.90/2023 under Section

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120(B)/406/420 and added Section 409/465 of the Indian Penal Code.

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The petitioner is a 70% physically disabled person working as a Field Officer in a Public Sector Bank. It is alleged by four persons that they applied for KCC loan from the bank and with his help two persons, namely, Daulat Chetia and Lombeswar Gogoi have misappropriated the money. As a result of which the applicants did not received the loan amount.

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In the initial stage of the case, where the notice under Section 41A of the Cr.P.C. was issued, the petitioner had appeared before the Investigating Officer and had cooperated with the investigation. Subsequently, during investigation police found some incriminating materials against him.

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This Court is of the opinion that considering his physical disability, the materials which are collected against him do not tally with each other.

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Therefore, this Court is of opinion that the petitioner does not deserve to be detained in custody. His pre-arrest bail application is allowed.

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It is hereby directed that in the event of arrest of the petitioner, namely, Drone Kanta Das @ Duran Kr. Das, in connection with Chabua P.S. Case No.90/2023 under Section 120(B)/406/420 and added Section 409/465 of the Indian Penal Code, he shall released on pre-arrest bail on furnishing a bond of ` 25,000/- with one surety of the like amount to the satisfaction of the arresting authority.

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In view of above, the anticipatory bail application stands disposed of.

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Case diary shall be returned.

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Sd/- Parthivjyoti Saikia JUDGE

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Comparing Assistant

Drone Kanta Das@ Duran Kr. Das v. the State of Assam a

Case brief

What is this about?

What did the court decide?

Drone Kanta Das@ Duran Kr. Das v. the State of Assam a

Case brief

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What did the court decide?

What the court decided

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