Allowed

Paru Chouhan @ Parvati Chouhan and 2 Ors. v. the State of Assam

Gauhati HC5 Apr 2023Bail Appln./1277/2023

Case brief

AI extract

What is this about?

Three applicants arrested for snatching a gold chain sought bail. The Court found no direct evidence implicating them, noting their denial and the public apprehension narrative. Relying on lack of evidence and bail of co-accused, the Court granted bail.

What did the court decide?

Released on bail on furnishing bond of Rs. 30,000/- each with one local surety each of like amount.

Paru Chouhan @ Parvati Chouhan and 2 Ors. Vs the State of… — Bail and Remand | Gauhati HC (2023)

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GAHC010075072023

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

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Case No. : Bail Appln./1277/2023

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PARU CHOUHAN @ PARVATI CHOUHAN AND 2 ORS. W/O MUNNA CHOUHAN R/O DIMAPUR NAGALAND GATE P.O. AND P.S. KHATKHATI DIST. KARBI ANGLONG ASSAM PIN 782480

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2: LAXMI ROUT

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W/O NARAYAN SWAMI R/O DIMAPUR NAGALAND GATE P.O. AND P.S. KHATKHATI DIST. KARBI ANGLONG ASSAM PIN 782480

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3: SUMI SWAMI

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W/O TARZAN SWAMI R/O DIMAPUR NAGALAND GATE P.O. AND P.S. KHATKHATI DIST. KARBI ANGLONG ASSAM PIN 78248

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VERSUS

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THE STATE OF ASSAM REP PP, ASSAM

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Advocate for the Petitioner : MR. D P BORAH

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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 : 05-04-2023

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Heard Mr. D.P. Borah, learned counsel for the applicant. Also heard Mr. P. Borthakur,

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learned Addl. P.P. Assam appearing for the State who has produced the Case Diary.

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By filing this application under Section 439 Cr.P.C. the applicants are praying for an order for their release on bail.

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The applicants herein were arrested on 12-03-2023 in connection with Lumding P.S. Case No. 79/2023 registered under Section 379 IPC suspecting that they were involved in snatching of gold chain from the wife of the informant. A crowed had apprehended the applicants and handed over them to the Police, were after, they were arrested.

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Upon perusal of the Case Diary, I find that there is no direct evidence implicating the applicants in commissioning of a cognizable offence. Rather, it appears that they were apprehended by the public on suspicion.

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In their statements recorded by the Police, the applicants have also denied their involvement in the incident.

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Moreover, some of the co-accused persons have already been released on bail by the order dated 30-03-2023 passed by this Court in connection with Bail Application No. 1077/2023.

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In view of the above, this Court is of the opinion that further custodial detention of the applicants would not be necessary in this case.

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As such, it is hereby ordered that the applicants, viz. Smt. (1) Paru Chouhan @ Parvati Chouhan, (2) Smt. Laxmi Rout, (3) Smt. Sumi Swami be released on bail on furnishing bond of Rs. 30,000/- each with one local surety each of like amount to the

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satisfaction of the learned Chief Judicial Magistrate, Sankardev Nagar, Hojai.

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It is, however, made clear that the applicants shall render full cooperation in the investigation and shall not leave the jurisdiction of the Investigating Officer without prior intimation.

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Bail application stands disposed of.

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JUDGE

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Comparing Assistant

Paru Chouhan @ Parvati Chouhan and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Paru Chouhan @ Parvati Chouhan and 2 Ors. 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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