Allowed

Sanjib Gogoi @ Sanjib Kumar Gogoi v. the State of Assam

Gauhati HC4 Apr 2023AB/944/2023

Case brief

AI extract

What is this about?

This anticipatory bail application allowed bail in a case of alleged forgery and defamation, holding that custodial interrogation was unnecessary as the allegations at best made out a case of slander.

What did the court decide?

Anticipatory bail granted on a bond of Rs. 20,000 with one surety, subject to appearing before the I.O. within two weeks and not leaving jurisdiction without intimation.

Sanjib Gogoi @ Sanjib Kumar Gogoi Vs the State of Assam — Cheque Dishonour | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010058682023

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

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Case No. : AB/944/2023

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SANJIB GOGOI @ SANJIB KUMAR GOGOI S/O- LATE SOMESWAR GOGOI, VILL- RANGCHALI, P.S.- BORHOLLA, DIST.- JORHAT, ASSAM.

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VERSUS

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THE STATE OF ASSAM REP. BY PP, ASSAM.

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Advocate for the Petitioner : MRS. B GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 04/04/2023

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Heard Mr. G. Chamuah, learned counsel for the applicant. Also heard Mr. K.K. Parasar, learned

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APP, Assam, appearing for the State.

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This is an application filed under section 438 of Cr.P.C. seeking pre-arrest bail in connection with Borholla PS case No. 81/2022 registered under sections 500/468/506/294 of the IPC.

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Page No.# 2/2

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Mr. Parasar, learned APP, Assam, has produced the case diary. I have perused the same.

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Perusal of the case diary indicates that there is no material to show that the applicant has used fake letter head for harassing the applicant. Moreover, the other allegations would at best make out a case of slander (defamation), for which, custodial interrogation of the applicant would not be necessary. As such, it is hereby ordered that in the event of arrest, the applicant, viz. Sri Sanjib Gogoi shall be released on bail on furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) with one local surety with the satisfaction of the arresting authority, subject further to the condition that the applicant shall appear before the I.O. within two weeks from today and shall render full cooperation in the investigation. The applicant shall not leave the jurisdiction of the Investigation Officer without prior intimation. Failure to comply with the above conditions may lead to cancellation of the anticipatory bail granted to the applicant.

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Anticipatory bail application stands disposed of.

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JUDGE

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sukhamay

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Comparing Assistant

Sanjib Gogoi @ Sanjib Kumar Gogoi v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sanjib Gogoi @ Sanjib Kumar Gogoi v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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