Allowed

Sanjib Das and Anr. v. the State of Assam

Gauhati HC2 Sept 2024AB/961/2024

Case brief

AI extract

What is this about?

This order deals with an anticipatory bail application in a criminal case. The Court converted the previously granted interim pre-arrest bail into absolute bail after recording petitioner statements and confirming no need for custodial interrogation. Bail granted on standard conditions.

What did the court decide?

Interim pre-arrest bail granted on 09.04.2024 is now made absolute subject to conditions of available for interrogation and not tampering with evidence or witnesses.

Sanjib Das and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2024)

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Page No.# 1/2

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GAHC010066902024

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

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AB/961/2024

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SANJIB DAS AND ANR. S/O SANARAM DAS

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RESIDENT OF VILLAGE CHECHAMUKH SALOI SUPA PS HAJO. DIST KAMRUP 781102

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2: JINTUNONI DAS S/O DIPALI DAS

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RESIDENT OF VILLAGE CHECHAMUKH SALOI SUPA PS HAJO. DIST KAMRUP 781102 VERSUS

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THE STATE OF ASSAM REP BY PP ASSAM

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-----------Advocate for : MS. T SOM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 03-09-2024

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Heard Ms. T. Som, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned

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Page No.# 2/2

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Additional Public Prosecutor, Assam appearing for the State respondent.

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By way of instituting the present application under Section 438 Cr.P.C., the petitioners namely, 1. Sanjib Das and 2. Jintunoni Das, have prayed for pre-arrest bail in connection with Hajo P.S. Case No.99/2024 registered under Sections 341/325/307/386/34 IPC.

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This Court vide order dated 09.04.2024 was pleased to grant the benefit of interim pre-arrest bail to the petitioners.

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It is submitted at the Bar that in terms of the conditions as imposed by this Court, while granting interim pre-arrest bail to the petitioners, the petitioners have appeared before the I/O and recorded thier statement.

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It is also submitted that the petitioners have not taken any undue advantage of the interim prearrest bail as granted to them by this Court.

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In view of the above position and also considering that the statement of the petitioners having been recorded, there would be no further occasion for any custodial interrogation in the matter, the interim bail granted to the petitioners by this Court vide order dated 09.04.2024 is hereby made absolute on the following terms and 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 petitioners 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.

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With the above observation and direction, the Anticipatory Bail application stands disposed

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of.

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JUDGE

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Comparing Assistant

Sanjib Das and Anr. v. the State of Assam

Case brief

What is this about?

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Sanjib Das and Anr. v. the State of Assam

Case brief

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