Disposed

Dhairjya Ram Deka and Anr. v. the State of Assam

Gauhati HC5 May 2024AB/530/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC in a cheating and criminal breach of trust case. Since a charge-sheet had been filed, the court extended interim pre-arrest bail for ten days and directed the applicants to appear before the trial court to seek regular bail.

What did the court decide?

Interim pre-arrest bail extended for 10 days; applicants directed to appear before trial court within 10 days to seek regular bail.

Dhairjya Ram Deka and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2024)

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GAHC010043672024

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

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Case No. : AB/530/2024

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DHAIRJYA RAM DEKA AND ANR

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S/O LATE BAHI RAM DEKA RESIDENT OF VILLAGE BORGAON, PO DORA KOHRA, PS KAMALPUR, CHANGSARI, DIST KAMRUP R ASSAM

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2: ASHOK DEKA

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S/O DHAIRJYA RAM DEKA RESIDENT OF VILLAGE BORGAON PO DORA KOHRA PS KAMALPUR CHANGSARI

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DIST KAMRUP R ASSA

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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 : MD IMRAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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06.05.2024

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Heard Mr. S. H. Sikdar, learned counsel for the applicants. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

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This application under Section 438 of the Code of Criminal Procedure, 1973 praying for grant of pre-arrest bail to the accused/applicants, who are apprehending arrest in connection with Bhangagarh P. S. Case No. 385/2022 under Sections 420/406/409/471 of the Indian Penal Code.

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Mr. Sharma, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No. 40/2024, dated 28.03.2024.

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In this context, Mr. Sikdar, learned counsel for the applicants, submits that the present applicants are already on interim pre-arrest bail and hence their interim protection may be extended so that they can appear before the learned Trial Court seeking regular bail.

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Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide ChargeSheet No. 40/2024, dated 28.03.2024, it is provided that the applicants shall appear before the learned Court below within 10 (ten) days from today and on

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their appearance and on their filing a petition for grant of regular bail, the learned Court below shall consider the same in accordance with law.

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Till then, it is provided that the interim pre-arrest bail, granted to the accused/applicants by this Court vide order dated 01.03.2024, shall remain extended for another 10 (ten) days from today, enabling the applicants to appear before the learned Court below for filing fresh application for regular bail.

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In terms of above, this anticipatory bail application stands disposed of.

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JUDGE

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Comparing Assistant

Dhairjya Ram Deka and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Dhairjya Ram Deka and Anr. v. the State of Assam

Case brief

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What did the court decide?

What the court decided

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