Allowed

Amit Biswakarma @ Amrit Biswakarma v. the State of Assam

Gauhati HC5 May 2024AB/867/2024

Case brief

AI extract

What is this about?

The Gauhati High Court made an interim pre-arrest bail order absolute for the petitioner, Amit Biswakarma, who had cooperated in the investigation, directing him to continue cooperating with the investigating officer in charges under Sections 294, 376, and 420 IPC.

What did the court decide?

Interim pre-arrest bail order dated 03.04.2024 made absolute with direction to cooperate with further investigation.

Amit Biswakarma @ Amrit Biswakarma Vs the State of Assam — Bail and Remand | Gauhati HC (2024)

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Page No.# 1/2

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GAHC010066812024

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

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Case No. : AB/867/2024

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AMIT BISWAKARMA @ AMRIT BISWAKARMA S/O SHRI BHOJ BDR. BISWAKARMA, R/O VILL- PITHAGURI DOUL, P.O.KUSUMTOLA, P.S.-JAMUGURI, DIST- SONITPUR, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR G PHUKAN

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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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Date : 06-05-2024

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1. Heard Mr. G. Phukan, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, the learned Addl. PP appearing on behalf of the State respondent.

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2. This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, namely, Amit Biswakarma @ Amrit Biswakarma who is apprehending arrest in connection with Silapathar P.S. Case No. 51/2024, under Sections 294/376/420 of the Indian Penal Code.

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Page No.# 2/2

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3. It is submitted by Mr. Phukan, learned counsel for the petitioner that after obtaining the interim pre-arrest bail on 03.04.2024, the petitioner appeared before the IO and co-operated in the investigation of this case and his statement is also recorded u/s 161 Cr.PC . More so, as he has already cooperated with the IO and considering the nature of offences, his custodial interrogation is not at all necessary in this case. Accordingly it is prayed to make the interim pre-arrest bail order absolute.

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4. In this regard, Mr. Sharma, the learned Addl. PP has submitted that from the material on record, it is seen that he has co-operated with the IO. As per the statement of the victim she had a love affair with the petitioner since last 4 years and on the day of the incident also she eloped with him by her own. However, she has stated that he forcefully had physical relationship with the victim.

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5. After hearing the submissions made by the learned counsels of both sides and also considering the entire aspects of the case, nature of allegation as well as the conduct of the accused/petitioner, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner. Accordingly, the interim pre-arrest bail order, granted to the accused/petitioner vide order dated 03.04.2024, is hereby made absolute with a direction to the accused/petitioner to co-operate with the I.O. in further investigation of the case.

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

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The Case Diary be sent back.

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JUDGE

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Comparing Assistant

Amit Biswakarma @ Amrit Biswakarma v. the State of Assam

Case brief

What is this about?

What did the court decide?

Amit Biswakarma @ Amrit Biswakarma v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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