Disposed

Ajit Kumar Dey and Anr. v. the State of Assam

Gauhati HC4 Sept 2024AB/1992/2024

Case brief

AI extract

What is this about?

Petitioners sought pre-arrest bail in a case under BNS 2023 involving allegations based on documentary evidence relating to an agreement with the Assam Food & Civil Supplies Cooperating Limited. Court found custodial interrogation unnecessary and made interim anticipatory bail absolute with conditions.

What did the court decide?

Interim pre-arrest bail dated 05.08.2024 made absolute, subject to conditions including availability for interrogation and non-interference with investigation.

Ajit Kumar Dey and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2024)

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Page No.# 1/2

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GAHC010151212024

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

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Case No. : AB/1992/2024

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AJIT KUMAR DEY AND ANR. SOLE PROPRIETOR M/S ROYAL AAHAR S/O LATE MANORANJAN DEY R/O MORAN HATKHULA, NEAR CHILDREN PARK, P.O. AND P.S. MORAN, DIBRUGARH, ASSAM-785670

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2: ANIT DEY S/O AJIT KUMAR DEY R/O MORAN HATKHULA NEAR CHILDREN PARK P.O. AND P.S. MORAN DIBRUGARH ASSAM- 785670

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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. P BORA, MS K SARMA,MS K BHATTACHARYYA,MR M SAHEWALLA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 05-09-2024

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Page No.# 2/2

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Heard Mr. P. Bora, learned senior counsel assisted by Ms. K. Bhattacharjee, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, Assam appearing for the State respondent.

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The present application has been so filed by the petitioners namely, 1. Sri Ajit Kumar Dey and 2. Sri Anit Dey, praying for grant of pre-arrest bail in connection with Moranhat P.S. Case No.28/2024 under Sections 61(2)/316(3)/316(5) of the BNS, 2023.

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This Court vide order dated 05.08.2024 on consideration of the matter proceeded to grant interim pre-arrest bail to the petitioners herein subject to the condition as mentioned in the said order.

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Case diary has been received and it is seen that the petitioners have appeared before the I/O and recorded their statement.

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Considering the nature and allegation so levelled against the petitioners herein in the FIR dated 15.07.2024 and also on perusal of the agreement as entered into by the petitioner with the Assam Food & Civil Supplies Cooperating Limited, this Court is of the considered view that the allegation levelled against the petitioners is based on documentary evidences and there may not be any need for custodial interrogation of the petitioners herein.

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Accordingly, on consideration of the matter in its entirety and also on perusal of the case diary, this Court is of the considered view that the interim pre-arrest bail as granted to the petitioners by this Court vide order dated 05.08.2024 is to be made absolute.

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Accordingly, the interim pre-arrest bail as granted by this Court vide order dated 05.08.2024 is hereby made absolute subject to the following conditions:-

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i. the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required;

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ii. 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 them from disclosing such facts to the Court or any other police officer, and

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iii. the petitioners shall not hamper the investigation or temper with the evidence of the case. With the above observation and direction, the Anticipatory Bail application stands disposed of. Send back the case diary

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JUDGE

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Comparing Assistant

Ajit Kumar Dey and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ajit Kumar Dey and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

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